Mombasa county and tuk tuk operators to settle dispute out of court
A dispute between the County Government of Mombasa and operators of three-wheeled taxis popularly known as tuk tuks over issuance of county security stickers is likely to be settled out of court.
Through lawyer Fatma Barayan, the operators under the umbrella of Mombasa Tuktuk Association told the court that they have reached a consent on some aspects of the petition they have filed against the county government.
Ms Barayan requested Mombasa High Court Judge Olga Sewe to grant them two weeks to ensure all the issues are ironed out.
Lawyer Murtaza Tajbhai for the county government said they had no objection to the court granting them two weeks to finalise negotiations.
“The only issue pending is that of the sticker and we are likely to settle it out of court,” said Mr Tajbhai.
In its petition, the association says that sometime in 2018, the county government, through the Department of City Inspectorate, introduced by-laws meant to govern tuk tuk operations within Mombasa.
Tuk tuk operators argue that the regulations, which were meant to facilitate effective operations, turned out to be oppressive and ungovernable, necessitating the case.
According to the association, the county government also imposed a wage formula where each tuk tuk taxi operating within the county was to pay a monthly fee of Sh1,200.
“This has been in operation since 2018 and the petitioners have been complying with the directive since it was implemented, which is still at a high rate for the tuk tuk stakeholders and operators,” argued the petitioners.
The association says that the county government introduced the stickers as proof of payment of monthly fees in order to operate normally.
However, they claim that the stickers are substandard and the regulation to have them has adverse effects, with late remittance attracting a Sh500 penalty.
The association wants an order issued for cancellation of the county security sticker issuance process and lowering the county sticker rate.
“The county traffic inspectorate has since taken advantage of the situation once they notice a driver has no county security sticker in his possession by arresting the drivers unjustly,” argues the petitioner.
The association further states that no public participation took place to involve stakeholders in the tuk tuk industry, hence the reason they intend to raise an objection to the whole process.
The association also wants an order that their participation, and that of stakeholders for any issue arising, be considered.
Justice Sewe directed the case to be mentioned on May 24 for settlement. BY DAILY NATION
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