Boda bodas lose bid to remain in CBD as judge dismisses case
Justice Joseph Onguto says county has a right to regulate the transport industry, and failing to do so will mean it has failed to tame an already chaotic sector
Boda boda operators yesterday failed to stop the Nairobi government from removing them from the central business district.
Dismissing a case they filed earlier this year, Justice Joseph Onguto said they have not proved to the court that the county violated their rights when it banned them from the CBD.
He said the county has a right to regulate the transport industry and failing to do so will mean it has “failed to tame the already chaotic sector”.
The operators had told the court their rights to do business in the city had been violated.
They moved to court following a statement issued by Governor Evans Kidero banning them from carrying passengers to and from the city centre.
“Pursuant to the provisions of the Traffic Act CAP 403 of 2014 of the Laws of the Republic of Kenya, the Nairobi City County Government wishes to inform all motorcycle (boda boda) operators ferrying passengers to and from the central business district that such activities have been banned with immediate effect,” the governor said.
The operators told the court the business is their only source of income and kicking them out will be unfair and discriminatory.
“We are law-abiding citizens working for a gain as boda boda operators in Nairobi and from the proceeds of our labour,” they said.
The operators told Onguto the decision to kick them out was reached without prior notification. Onguto said the alleged violation of their rights was not proved.
The judge said the Constitution is very clear on what powers the county has on regulating the transport industry.
Boda boda operators have for a long time resisted efforts to remove them from the city centre.
Despite the decision made on November 9 last year, many still operate within the CBD.
Boda boda operators demonstrate in Nairobi’s CBD on July 31 last year
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