BUSINESS DAILY/G. Fayo - Nairobi County will have to postpone its decision to hike parking fees until after December 6 when High court will rule on the suit challenging the increase.
Justice Isaac Lenaola on Tuesday set the date for the ruling after hearing of the case and extended the orders stopping the increase of the charges, which was granted by High Court on October 8.
The suit was filed by 26 public service operators who argued that the doubling of the parking fees from Sh140 to Sh300 is unconstitutional as none of the county residents were involved in the formulation or notified appropriately of its existence.
The County government defended its decision to increase charges and urged High Court to dismiss the case clarifying that it invited all stakeholders to participate in the budget making process.
“The petitioners ignored the fact that interest of the private vehicle owners have been take care of. There are non-metred and metred parking areas. It’s upon individual to choose,” said Nairobi County’s lawyer Prof Tom Ojienda.
He was responding to the argument by the petitioners that the County failed to take into account the provision of Traffic Act and County Government Act that stipulates the parking to be levied on the duration rather than a blanket charge.
The County Finance Bill signed into law by Governor Evans Kidero increased parking fees alongside taxes and service charges and was to take effect next month.
Mega transport companies with more than 50 vehicles are to pay Sh100,000 for operating licences up from Sh80,000 while single vehicle operators are to pay Sh15,000 a year instead of Sh10,000.
Parking fees for transporters with large parking lots capable of holding more than 100 vehicles have doubled to Sh100,000, a cost that the operators are expected to pass on to the commuters through increased charges.