Nyeri: The High Court in Nyeri has granted the County Government of Nyeri and matatu operators one more month to resolve the stalemate barring the relocation of matatus to the Sh 600 million Field Marshal Muthoni Kirima Bus Park. While granting the two parties in the suit a 30-day extension, Justice Kizito Magare has also extended the interim orders stopping the County Government from relocating the Matatu operators from the Nyeri Central Business District (CBD) to the ultra-modern bus park awaiting the outcome of the mediation process.
According to Kenya News Agency, Justice Magare indicated that if the parties fail to reach a consensus, the court will hear and determine the matter at the end of the time extension. “I will give you the 30 days that you have requested. If you do not agree, I will have to decide on the matter,” stated Justice Magare.
Earlier, the court heard that a meeting between the seven matatu saccos, the petitioners in the matter, and the County Government was convened on January 16. In his submissions, the counsel for 2NK Sacco, Nyena Sacco, 4NT Sacco, Namuga Sacco, 3NCK Sacco, NIM Sacco, and Gakanango Sacco, Mr. Waweru Kiragu, said that the parties unanimously agreed to seek more time after failing to settle the matter. “We met and discussed the matter, and we arrived at a conclusion that we may need more time. So together with the counsel for the respondent, we agreed to request 30 more days,” said Kiragu.
The seven matatu saccos moved to court on November 4 last year, seeking orders to block their planned relocation to the new terminus by the County Government. They argued that the Executive Order to vacate the three bus termini within Nyeri CBD was issued against the principle of adequate public participation and accountability as enshrined in the constitution. Furthermore, they claimed that the order issued by the County Executive in charge of Transport and Infrastructure, Eng Abdi Hanif Hussein, showed bias and discrimination against the Matatu operators’ place of business.
Additionally, the petitioners highlighted financial constraints, noting that loans from Saccos and banks might not be met due to potential revenue loss caused by the relocation. Justice Kizito Magare, while issuing the conservatory orders on November 15, 2024, stated that the notice had failed to consider public interest in the orderly and smooth implementation of the policy.
The county government, however, sought to lift Justice Magare’s orders by moving to the High Court on November 26. They argued that the petitioners had obtained the conservatory orders through misrepresentation and deliberate concealment of facts. The county contended that the conservatory orders were discriminatory, only factoring in the eight petitioners and excluding other Public Service Transport providers in the Nyeri CBD.
The county also cited continued revenue loss due to poor regulation of public Transport Parking within Nyeri town, resulting from the court order. They argued that matatu operators would not suffer any loss, as their economic activities would not be halted by the relocation to the new terminus.
