Starehe MP Charles Njagua aka Jaguar has once again failed to convince the court to allow Boda boda riders to continue operating in the city centre.
Justice Roseline Aburili on Monday dismissed a suit filed by Jaguar saying the MP has failed to prove how the bodaboda operators’ rights were violated when the county ordered them out of the CBD.
The judge said Jaguar’s decision to file the case, when a similar one was dismissed in 2016 -was an abuse of the court process.
“The same person of interest cannot be left to oscillate around the courts in different colours of rights where today they sue as a Sacco, tomorrow as a welfare Association, and a day after as an MP trying to protect their interest,” Aburili said.
In February 2016, twelve boda-boda saccos filed a similar case after the then governor, Evans Kidero banned riders from carrying passengers to and from the Nairobi central business district.
The suit was heard and dismissed later by the late justice Joseph Onguto.
Jaguar went to court in January contesting a similar ban imposed by Governor Mike Sonko. He argued that the ban was ill-informed, unilaterally made, and based on irrelevant considerations.
“The boda-boda ban may result in more harm than good, as operators will be frustrated and without a source of livelihood. They may easily be involved in the very criminal activities the ban seeks to curb,” Jaguar had argued.
But Justice Aburili said the operators must learn to accept court verdicts and move on or challenge the decision in a higher court.
“They cannot be allowed to abuse the court by appearing and disappearing as and when its convenient for them with different types of proceedings but the same cause of action,” she said.
