Nairobi Senator Mike Sonko with his lawyer Harrison Kinyanyui leaving Milimani law courts after he filed a case which he seeks order to quash the decision by Governor Evans Kidero, to prohibit them from configuring the road and they be compelled to restore the road structure to original position on Tuesday 14,April 2015..
BY SAM ALFAN.
Nairobi Senator Mike Sonko has been granted leave to file a substantive application seeking to quash the decision of Nairobi County Government to close some roundabouts.
Justice Weldon Korir, said that in order to deal with matter before the court, the applicant (Sonko) should file the motion with three days and serve the same on Nairobi Government, CS transport and national transport authority.
The judge further directed all the respondents to reply to the application within a period of seven days and the matter be heard on May 6.
In response to the petition by Sonko, the country government has opposed the application seeking to quash its decision to decongest county roads and national trunk roads.
Governor Evans Kidero states that the decision to decongest county roads has already been and enforced, saying that the court should not issue an injunction to prohibiting it from implementing what has been agreed by the respondents.
He says that upon releasing the snarl up the respondents moved in and opened Bunyara road and Lusaka road to ease congestion.
Senator moved to court on April 14 to challenge the decision by the Governor Evans Kidero to reconfigure county urban roads with large roundabouts.
Sonko through his lawyer Harrison Kinyanjui told court that the restructuring of roads leading to the city center which have since affected Uhuru highway, Bunyara road, Westlands and Langata roads is unlawful.
The lawyer pointed out that the Nairobi county government, transport CS has failed to provide alternative routes of diversion of equal service construction similar to the crossed roads.
He said failure to provide alternative roads to easy the traffic jam that has hit Nairobi motorist since Monday last week is unlawful meant to punish motorist and has violated the law which has posed grave and mortal danger to public transport who use the affected roads. “
The action by the respondents is unlawful by altering the structure of the affected roads without the necessary roads engineering structural maps necessary to execute such a task is unconstitutional “he says.
Sonko seeks order to quash the decision of the respondents, to prohibit them from configuring the road and they be compelled to restore the road structure to its original position.