Nairobi Governor Mike Sonko has countered Jaguar’s case against the boda-boda ban in the city centre by asking the court to dismiss the application.
The governor, in grounds of opposition filed in court on Tuesday, said issues being advanced by the Starehe MP were litigated and conclusively determined by the court.
Thus, Sonko argues, Jaguar’s case is “incompetent and fatally defective.”
The governor noted that in October 2016, High Court judge Joseph Onguto conclusively heard and determined the matter. In his judgement, Onguto held that riders have no right to operate within the CBD.
The operators had sued the county government after they were stopped from operating within the city by then-governor Evans Kidero in November 2015.
The suit, which had been filed by City Riders Sacco, was first dismissed by Judge Onguto in February 2016.
Sonko notes that bringing similar issues before the court when they have already been resolved is an abuse of the court process.
The governor says Jaguar has also not demonstrated that he has an arguable case which warrants any issuance of orders.
“This application is abstract, vague and fails to illustrate the legal and facture threshold for grant of the orders sought,” Sonko says in court papers.
The County Boss says the section 118 (a) of the Traffic Act 403 of 2014 grants him the power to make laws and regulate taxicabs and by extension boda-bodas.
Thus he argues, Jaguar’s suit is contrary to overriding objective of the court and a waste of judicial time.
Jaguar moved to court to fight for the boda-boda operators arguing that the ban was reached without any consultation.
He was, however, singing from a different tune on Monday after meeting with members of the Boda Boda Safety association.
Jaguar said the riders “are willing to abide by the county government set rules and regulations.”
“Besides agreeing to have designated collection and drop off points, they will enroll in Sacco’s as a start to identify and distinguish genuine Boda Boda riders,” Jaguar said.
“I offer my commitment to work with them as we collectively put together a more organized transportation system.”
