By SAM ALFAN
The Cabinet Secretary Transport and infrastructure Engineer Michael Kamau has been summoned in court on the 14 of April.
Justice Odunga on his ruling said that the CS should appear in court to show cause as to why he should not pay cost personally for publishing new Matatu regulations while there is a pending court case challenging the directives.
“The first respondent (CS Engineer Kamau) is hereby called upon to show because why the costs of the application cannot be borne by him personally.” Judge George Odunga said
The judge said the courts will not sit back and watch as the country slowly slides into lawlessness by way of disparaging of its processes.
“To blatantly and brazenly disregard legal processes or turn them into a mockery in the execution of executive authority is an affront to the rule of law, an assault on the constitution and constitutionalism and a recipe for chaos and anarchy,” Said Odunga
The Court ruling further said that good governance is that the public should not unduly shoulder the burden of actions of those who do not follow the law.
Odunga ruled that where public and state officers have a duty to protect the public they have no right to do so unlawfully. “It should be done in accordance with the law and existing legislation,” he said.
Kinyanjui told the court that the legal Notice 23 of 2014 on March 11 published by the National Transport and safety authority revoked the regulations under legal Notice 219 of 2013 and therefore there was nothing to enforce.
The Kenya Country bus owners Association and five other bus operators Kampala Coach, Mbukinya bus service, Crown Bus, Traticom Enterprises, Ugwe Bus Services and Trisha Collections limited moved to court to suspend the new regulations of public transport by.
Bus owners are aggrieved that they have Licenses that allow them to operate at night but the government has declined to allow them to do so by imposing a night travel ban.
The judge said by summoning the CS, the action is not intended to send shivers down the spines of state and public officers but to ensure that the National values and principles of governance are upheld as they were intended in the constitution.
In his closing remarks, Judge Odunga said that some members of the executive in this country have not tried to understand and appreciate the provisions of the new constitution.
“…and shows yester years impunity is still thriving in our executive arm of the government,” Odunga said in his ruling.
The Principal Secretary for Transport Nduva Muli opposed the scrapping of Rule 11 of the newly gazette Transport regulations.
The rule involves removal of luggage carriers, installing tracking gadget systems, installing of speed governors able to record speed of vehicle for 30 days.
The Matatu Welfare association seeks an extension of the deadline put by the government to comply with the ‘Kamau rules’ extended.
The court will convene next week Monday April 14, to deliver a ruling on whether to quash the entire traffic regulations including night Ban Travel.