Sh400 city parking fee hike blocked by court

Motorists in Nairobi will continue enjoying lower parking fees after a court extended orders restraining City Hall from hiking them.

City Hall had planned to raise the fees from Sh200 to Sh400.

Yesterday, High Court Judge James Makau directed that motorists be charged Sh200 until February 17, 2020, when a suit challenging the fee hike will be heard.

The suit has been filed by the Consumer Federation of Kenya (Cofek).

Justice Makau also directed both Cofek and the Nairobi county administration to ensure they file their submissions before then. “The parking fee hike is temporarily stopped pending the hearing and determination of the application challenging it,” ruled Makau.

City hall’s argument

City Hall has maintained that the court has no jurisdiction to hear and determine the consumer federation’s application.

This is because the fee hike is a proposal contained in the Nairobi City County Assembly Finance Act 2019, and cannot be subject to court proceedings.

Through lawyer Harrison Kinyanjui (pictured), the county administration has argued that Cofek’s case has abused legal processes and should be struck out. “Cofek is in breach of the legal processes that guide the granting of injunctions,” said Mr Kinyanjui.

He further argued that Cofek did not take part in a public-participation forum that was provided by the county and which agreed that the fees can be raised.