With one day before the new rules come into effect, the matatu owners opted to file a fresh case. . Photo/FILE
By SAM KIPLAGAT skiplagat@ke.nationmedia.comPosted Thursday, December 30 2010 at 21:08
A group of matatu owners on Thursday filed a fresh suit seeking to block a government directive requiring them to join societies as a condition for securing operating licences.
Through lawyer Timothy Naeku of Directline Assurance Company, the group filed the new suit after an earlier one seeking the same orders was adjourned indefinitely.
Adjourning the matter, Mr Justice Mohammed Warsame asked Mr Naeku to either file another suit or wait until the end of the December vacation to proceed with the matter.
With one day before the new rules come into effect, the matatu owners opted to file a fresh case. Mr Naeku jumped the first hurdle when Mr Justice Warsame certified the matter urgent.
He was also directed to serve the Attorney General with the papers and appear before him today to argue the case.
The matatu owners are opposing a November directive by Transport minister Amos Kimunya requiring them to belong to a company or a savings and credit cooperative society (sacco) by January 1, 2011, before they can be issued with a licence.
Other than seeking to quash the directive, the owners also want the court to bar the ministry from forcing them to join a company or a sacco.
According to Directline, the move was unconstitutional and might affect all current individual owners of matatus and other public service vehicles.
Mr Naeku argued that the notice gave an unfair advantage to public transport operators carrying out business as limited liability companies or saccos.
In the earlier suit the Attorney General, through State counsel Antony Ombwayo, argued that Directline waited until 10 days to the deadline to file the case yet the owners had two months to do so after the notice was published.
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