Nyeri government has moved to the High Court to seek orders barring matatu operators from operating in the CBD lifted.
County lawyer Kimani Rucuiya wants the court to vacate conservatory orders issued by Justice Kizito Magare on November 15.
The county argues that matatu op erators obtained the orders through misrepresentation and deliberate concealment of facts.
The conservatory orders were obtained by Nyena Sacco, 2NK Sacco, 4NT Sacco, Namuga Sacco, 3NCK Sacco, NIM Sacco and Gakanango Sacco.
Racuiya said the orders are discriminatory and only factored in the eight petitioners leaving out other public service transport providers.
“The conservatory orders are discriminatory as they only apply to the petitioners… and the orders granted will result in complete chaos should the respondent attempt to effectuate the impugned notice against the rest of the affected persons who are not petitioners,” he said in his affidavits filed before Justice Martin Muya.
The county also cited continued loss of revenue on account of poor regulation of public transport park ing within Nyeri town as a result of the court order.
It said matatu operators will not suffer any losses as their economic activities will not be halted by relocation to the new terminus.
The county had relocated the matatu operators to Field Marshal Muthoni Kirima bus park which is nearly 1.5km away from the Nyeri CBD.
The relocation, which would affect traders and matatu operators, was expected to address endless traffic congestion.
The legal tussle pitting the county government and matatu operators started on November 4, when the seven matatu saccos moved to court to block the planned relocation to the new Sh600 million bus park.
Through their lawyer, Waweru Kiragu, they argued that the executive order to vacate the three bus termini in Nyeri CBD was issued against the principle of enough public participation.
The petitioners also argued that the order, which was issued by the transport executive Abdi Hussein, showed bias and discrimination.
According to the matatu operators the orders directing their relocation is a threat and an attempt to cripple their business.
“The executive order failed to properly involve all other business partners in Nyeri CBD who will directly be affected by the implementation of the relocation. If the said executive order is enforced, the petitioners will be forced to lose their matatu business thereby depriving them of their right to a decent living despite the harsh economic times,” they said.
The petitioners argued that they had taken loans from banks which they may not be able to repay if relocated.
Justice Muya will hear the matter
next week on December 3.
