By Andrew Kariuki
Nairobi Members of County Assembly, MCAs, have been accused of routinely violating traffic and parking laws by parking their vehicles on pedestrian walkways and roadsides within the Central Business District, prompting a constitutional petition before the High Court.
The petition, filed at the Constitutional and Human Rights Division of the High Court in Nairobi by advocate Robert Leroy Ochieng, alleges that vehicles belonging to MCAs are frequently parked illegally along City Hall Way, Mama Ngina Street and Wabera Street, obstructing pedestrian walkways and disrupting traffic flow.
Ochieng filed the petition through RLO & Associates Advocates, naming the County Government of Nairobi as the 1st Respondent and the County Assembly of Nairobi as the 2nd Respondent.
According to the petition, the vehicles, described as mostly Toyota Land Cruiser V8s and Prado TX models, are allegedly parked on pedestrian footpaths and roadside areas outside designated parking zones during Assembly sittings.
The petitioner argues that the practice renders pedestrian walkways unusable and effectively converts two-way streets into single-lane roads, creating safety risks for motorists and pedestrians.
In court documents, Advocate Ochieng contends that the situation is particularly troubling because the MCAs accused of the conduct are members of the legislative body responsible for enacting laws governing transport and public order.
“The members of the 2nd Respondent are flouting the very laws they enacted,” the petition states, while also accusing the Nairobi County Government of failing to enforce existing parking regulations against the legislators.
The petition further alleges that the lack of enforcement is linked to the special status accorded to elected leaders, commonly referred to as “Waheshimiwa.”
Ochieng argues that the alleged conduct violates several provisions of the Constitution of Kenya, including Article 10 on national values and governance, Article 19 on the Bill of Rights, and Article 27 on equality before the law.
He also cites violations of various statutory frameworks governing traffic management, including the Traffic Act (Cap 403), the National Transport and Safety Authority Act, the Nairobi City County Transport Act 2020 and the Highway Code of Kenya, all of which prohibit parking in areas that obstruct pedestrians or impede traffic.
The petition claims that the selective failure to enforce these laws undermines the rule of law and exposes pedestrians, particularly vulnerable road users, to danger.
The petitioner also raises concerns that the practice infringes on other constitutional rights, including consumer protection under Article 46, the rights of persons with disabilities under Article 54 and leadership and integrity principles under Article 73.
According to the supporting affidavit sworn by Ochieng on February 26, 2024, the alleged illegal parking is most prevalent during official sittings of the Nairobi County Assembly.
The affidavit also states that demand letters were served on county officials requesting enforcement action, but no corrective measures were taken.
As a result, the petitioner claims enforcement agencies may be deliberately failing to act.
“The selective enforcement is a claw back to the gains made in the transport sector and an affront to the rule of law,” the petition states.
Ochieng is seeking several orders from the court, including declarations that the alleged illegal parking by MCAs and the county government’s failure to enforce parking laws are unconstitutional and unlawful.
He is also seeking prohibitory orders barring such parking practices and mandatory orders compelling enforcement action against offenders, as well as costs of the petition.
The case is filed under Constitutional Petition No. CIAS of 2024 at the Milimani Law Courts.
