The High Court has recently deemed a case brought forward by the Road Hauliers Association of Kenya (RHAK) as urgent. The case challenges the decision made by Mombasa County to increase parking fees for commercial vehicles from Sh600 to Sh700. The county has appointed the Kenya Ports Authority (KPA) as the entity responsible for collecting these parking fees within the port.
RHAK is seeking permission from the court to file an application to have the county government’s decision, implemented by the KPA, set aside and nullified. Justice Olga Sewe, who certified the case as urgent, has directed the lobby to serve the KPA with the necessary case documents for further directions on Wednesday.
The decision by the county, communicated through the KPA managing director, designates KPA as the collection agent for the parking fees on behalf of the county government. RHAK is also seeking permission to apply for an order that compels the respondents to revoke their decision, provide an account of the irregular collections of parking fees, and issue refunds where necessary.
In their application to the High Court in Mombasa, RHAK argues that the notice to increase parking fees, effective from May 15, was made without consulting the association or the public. They claim that the decision to raise the daily parking levies lacks due process, public participation, and justification, going against principles of public finance.
RHAK asserts that the sudden increase in parking fees directly impacts their livelihood, as truck drivers and owners conducting business at the port were not consulted on the matter. They claim that the county government and KPA have been unlawfully clamping vehicles and imposing fees and fines without proper consultation or notice.
The association argues that enforcing the decision without court intervention would perpetuate illegality and cause confusion, losses, and prejudice to its members and other truck owners within the port. They seek the court’s permission to apply for an order prohibiting the respondents from increasing parking fees and changing the mode of collection as outlined in the notice.
RHAK also requests that the court grant permission for their application to operate as a stay on the respondent’s decision, effectively suspending the implementation of the increased parking fees. Overall, RHAK aims to protect the interests of its members and ensure fair and transparent processes regarding parking fees at the port of Mombasa.
