Nairobi Senator Mike Sonko now wants the court to compel the Government to remove bumps and rubble strips on Thika Superhighway.
The bumps and rubble strips, the senator said, have been placed at specific points and have been cited by the Survey of Kenya as the major cause of traffic congestion.
Through lawyer Harrison Kinyanjui, Sonko asked High Court Judge George Odunga to grant the order to remove the bumps from the busy road since Roads Cabinet secretary, the Kenya National Highways Authority, Nairobi County Kenya Roads Boards and the Attorney General have failed to respond to his application.
He said court should issue an order directing the removal of the bumps and rubble strips since the respondents had not replied to his application for judicial review.
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His lawyer asked the court to visit sections with bumps and rubble strips to see how they cause traffic jams, noting it was difficult to explain such inconvenience through an affidavit.
Justice Odunga heard that the bumps and rubble strips at Homeland and Kenya Breweries, among other points, serve no purpose since pedestrians use footbridges.
The lawyer wants the court to visit the complaint points for it make a determination on bumps and rubble strips.
The purpose of the application, Sonko maintained, is to get a just and fair decision that will benefit highway users.
"Upon the court assessing for itself on the two points, then its discretion can be exercised based on actual facts as fully verified by the court as opposed to deciding the matter without the benefit of such evidence," he said.
The impact the rubble strips and bumps have on the road, the lawyer said, can be seen during peak hours in the morning on weekdays.
The court will decide on September 2 whether to issue the orders sought.
