Kenya Country Bus Association lawyer Harrison Kinyanjui a addressing a press conference following the ban of night travel.
BY SAM ALFAN.
High court has today allowed the bus operators to proceed with contempt proceedings against transport cabinet secretary Engineer Michael Kamau for contempt of court for disobeying orders to lift the night travel ban.
Justice George Odunga delivered his ruling following a preliminary objection that had been filed by transport Cabinet Secretary in a bid to have the proceedings of contempt against him blocked.
High court allowed Nairobi Bus Owners Association to proceed with contempt of court proceedings against transport cabinet secretary Engineer Michael Kamau
alongside the Director General of National Transport Safety Authority and the Traffic Commandant.
The businessmen have filed the case under a certificate of urgency through lawyer Harrison
Kinyanjui and say Mr Kamau should now be cited for disobeying a court order that declared the new regulations he introduced in the industry “null and void.”
Mr Kamau has been sued by bus operators, who resumed night travel, only for their vehicles to be impounded after he reportedly declared that he was not aware of a court order lifting the ban.
The CS will know whether he will shoulder the cost of the protracted litigation “personally” on Tuesday.
Parties in the suit wanted the burden of paying the costs shifted from the taxpayer to the CS on grounds that he was responsible for the protracted legal tussle when he published fresh regulations before the earlier ones were dealt with conclusively.
In his defence, the CS said he should not be made to pay personally as he “was only discharging public duty,” and was driven by the urgency of securing passengers and preventing accidents.
The Cabinet Secretary Transport and infrastructure Engineer Michael Kamau was 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 cabinet secretary will know his fate when the application will be heard and determined.