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Nairobi Metropolitan PSV Saccos Union Limited, Mt Kenya Matatu Owners Association, Chania Travellersco-Operative Sacco Limited, Indima (Nje) Co-operative Savings & Credit Society Limited, Kukena Savings and Credit Socieity Limited, Thika Road Transporters Sacco Limited, Thika Travellers Choice Sacco Limited, Runa Travellers Choice Sacco Ltd, Narugi Development Sacco Ltd, Kangema Travelers Co-operative Sacco Limited, Nanyuki Express Cabs Services Sacco, Nuclear Investments Ltd, Muranga Shuttle Services Ltd, Muigana Sacco Ltd, Namukika Sacco Ltd, Neno Sacco Ltd, Meru Nissan Operators Sacco Society Limited, MTN Sacco Ltd, NTK Travel Services Multi Purpose Co-operative Sacco, Kiambu Marafiki Matatu Sacco Ltd, Kaka Travellers Co-operative Sacco Ltd, Kamuna Sacco Ltd, Mwiki Psv Sacco Ltd, Eastlegih Route Savings & Credit Co-operative Society Limited, Ngumba Travelers Savings & Credit Cooperative Society Limited & Dandora Usafiri Travellers Sacco Limited v. County of Nairobi Government, Nairobi City County Board, Transition Authority & Attorney General

(2014) JELR 98626 (CA)

Court of Appeal  •  Civil Application Nai 16 of 2014 (UR 11/2014)  •  6 Jun 2014  •  Kenya

Coram
Mohammed Abdullahi Warsame, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

The background to this application stems from the enactment of the Nairobi City County Finance Act of 2013. Paragraph 6.1 of the schedule to that Act allows the Nairobi City County to levy, and to increase parking fees. After this enactment, the applicants moved to the High Court claiming that Article 190 of the Constitution binds County Governments to adhere to national legislation when enacting any County legislation. They argued that the 1st respondent ought to have followed the provisions in the Traffic Act, and that clause 6.1 in the Nairobi County Finance Act, if left to stand, will amount to letting unlawful legislation stand, which in their view ought not to be countenanced by the Court.

After the passing of the Nairobi City County Finance Act, 2013, the 1st respondent made the decision, pursuant to the schedule contained in the Act, to increase the parking fees within Nairobi from Kshs 140.00 per day to the present daily charge of Kshs 300.00. This increase …

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