DUE PROCESS MUST BE FOLLOWED; NO ROOM FOR ROADSIDE DECLARATIONS
Following the Handshake which came after the hotly contested elections of 2017, I pledged to work with all elected leaders to deliver upon our collective promises to Kenyans. As part of this commitment, I vowed to give the Nairobi County Government the space to deliver upon its mandate while I focus on my role as Member of Parliament.
However, the recent declaration “banning” public service vehicles from accessing the central business district cannot go unchallenged. The declaration is illegal and unconstitutional, and cannot stand the test of governance in modern day Kenya. The era of roadside declarations is over.
The County Government is bound under Part V of the County Government Act Section 3 (g) to promote and facilitate citizen participation in the development of policies and plans, and the delivery of services in the county. Further to this, it is outlined in Part VIII (Citizen Participation) that the County Government shall promote reasonable access to the process of formulating and implementing policies, laws and regulations.
There is no record of any form of public participation prior to this declaration. The County Executive made the decision unilaterally without the input of stakeholders including the general public.
It is for this reason that I have moved to court with immediate effect to seek conservatory orders against this draconian directive.
Nairobians are suffering – they are being forced to walk long distances to get to school and their places of work. They are exposed to insecurity when they travel late at night or early in the morning because of the far off places where the PSVs are being directed to collect passengers. Furthermore, has the Governor asked himself how the sick are to get to hospital and how persons with disability are expected to move around especially in this wet weather? This roadside declaration is insensitive and must be opposed by all who mean well for this great capital county of ours.
God bless Nairobi, God bless Kenya!
Comrade Babu Owino,
MP, Embakasi East and Leader, Youth For Africa Movement.
Monday, December 3, 2018.