Lawyer Harrison Kinyanjui with Joseph Maina Mugo after he filed a case challenging the use of the e-pay card.
BY SMART SAM NEWS.
Lawyer Harrison Kinyanjui in once again at the center of Matatu welfare, but now to help public service vehicles (PSV) owners and passengers alike to stop the cashless bus fare payment system.
Kinyanjui has asked the court to make a finding that embracing a cashless system of charging passengers would result to loss of funds and a system that would be a fraud.
Before Judge Weldon Korir, the lawyer asked the court to grant orders suspending the use of the e-pay card, but the judge failed to oblige saying he has to hear all parties on Monday before issuing any order.
In the case by the Matatu owners, lawyer Kinyanjui argues that the cashless system is limiting the rights of Kenyans in deciding the means of payment one may want to use as provided by the constitution.
He said the system would also limit the freedom of movement to possession of a bank account, an e-mail address or on online accessibility as suggested by a party in the case Near field Communications Limited.
The revised, National Transport Safety Authority regulations (NTSA), published in Kenya gazette, guiding the public transport, according to the Matatu owners, does not meet constitutional provisions.
Lawyer Kinyanjui has been vocal and reiterated in his court arguments that the NTSA amended regulations have never been subjected to parliament as provided by the statutory instruments, before becoming operational.
The case also raises concerns that unwanted taxes would be introduced through the cashless system, which contravenes article 210(1) of the constitution.