Parking? Ksh 250 effective Monday

Private motorists in Nairobi will from Monday pay Sh250 to park their cars within the Central Business District and Sh200 outside the city centre.  

By JOHN NGIRACHUPosted Sunday, January 23 2011 at 17:41

Confusion is expected in Nairobi on Monday morning as the City Council implements an increase in parking charges despite a court order barring it from doing so.

A council official told the Nation on Sunday the new rate- Sh250 for parking within the Central Business District and Sh200 away from the city centre- will be implemented Monday morning.

But the understanding of a lawyer representing a group that had opposed the increase first suggested in October last year is that their court order stands, and the council would be in contempt of court.

The Kenya Alliance of Residents Association said the move would cause confusion as it is assumed the new “negotiated” fees would have to be gazetted.

“In the absence of more details about the pending court cases and the lack of clarity over the matter, we think it is prudent that city residents continue paying the 140 shillings,” said KARA’s cheief executive officer Stephen Mutoro.

City Town Clerk Philip Kisia could not be reached on the phone but the officer in charge of parking, Mr Tom Tinega confirmed all plans were in place to begin implementing the new charges.

He said he was at work yesterday finalising plans to have all attendants charging the stated amounts.

The council had initially proposed to increase the fees for private motorists to Sh300 starting last November but was stopped when Mr Mwingira and Kaka Travellers Cooperative Savings and Credit Society sued it.

The Sacco rejected the settlement presented by the council in its bid to end the matter privately and its lawyer, Mr Harrison Kinyanjui, said on Saturday the council would be in contempt of court if it increased the fees.

Mr Kinyanjui told journalists the consent between Mr Mwingira and the council should only affect the former as he had not applied for an order that would bind all Nairobi residents to the outcome of the matter.

He argued that the earlier order barring the council from increasing the order remains in force and he would “not desist from suing the council for contravening a court order should they increase parking charges.”

Mr Kinyanjui said the Sacco’s refusal of the council’s offer meant the matter is still pending.

But Mr Tinega disagreed.

“What we believe from the ruling of the court on Friday is that the issue was solved, we agreed on 250 shillings and that it what we will charge,” he said on the phone last evening.

City Council of Nairobi spokesman Wilfred Marube told the Nation the local authority is prepared to charge the new rates, and motorists should equally be prepared to comply.

The council’s move follows negotiations out of court with Henry Nkure Mwingira, an individual who had sued it, which was followed by the signing of a consent order before Justice Daniel Musinga last Friday.

“Therefore, we are advising Nairobi motorists that from tomorrow 24th January 2011, the parking fees per day for private cars will be Sh250 in the CBD and Sh200 outside the CBD,” said Mr Marube in a message sent to journalists.

He told the Nation arrangements “are in top gear and the council will proceed”, meaning the tickets have been printed and would be distributed to the parking attendants.

The last attempt to increase the parking charges was met with protests by city motorists, who argued the council has done nothing to increase security or improve transport within the city’s boundaries.

It said the increase was justified as it was seeking to improve its revenue and fund its increased budget.

“The increase in fees had been factored in the council’s budget, which stood at Sh9 billion in the 2009/2010 but increased to Sh12 billion during the current financial year,” the spokesman said.

It was also supposed to cater for an increase in the increased wage bill, with new salaries that were to be paid starting last November.

“The new rates are expected to cushion the Council’s new wage Bill of Sh530 million per month following the implementation of the new Collective Bargaining Agreement (CBA).

Mr Mutoro said the council could also suffer losses if the court stops the implementation of the new rates yet it has already gone ahead to print the new tickets.

A case on the same matter by KARA was thrown out on a technicality.