Subject: Designation of Termini for PSV in the County

THAT, aware that Article 46 of the Constitution of Kenya, 2010 provides that consumers have a right to protection, health, safety, and economic interest. The Constitution in Part 2 of the Fourth Schedule, apportions the parking and traffic aspects of transport functions with the county governments; cognizant that Section 27 of the Nairobi City County Transport Act, 2020 prohibits PSVs from picking up and dropping passengers at undesignated bus stops, and Sections 46 and 47 of the Act prohibits persons from packing on public roads in a manner that impedes traffic flow and strictly restricts parking to the designated areas. The sections particularly prohibit PSVs from using undesignated areas as parking prior to obtaining authority from the County; noting that in pursuant of the County beautification initiatives, the County has from year to year allocated and appropriated funds towards rehabilitation, greening, and decoration of the roundabouts, including entering into maintenance agreements with private companies for the purposes of environmental aesthetics; further noting that the County has been putting in place measures to decongest the County but PSVs continue to operate in undesignated areas along the roads, for instance, the Outer Ring Road, Jogoo Road, among others; deeply concerned that in persistent use of roundabouts and roads shoulders by PSVs as termini continue causing heavily tailbacks of traffic on key roads such as Outer Ring Road on a daily basis, leading to loss of productive time and loss of value for the money and investment; this Assembly urges the County Executive to:-
  1. Issue a public notice prohibiting PSVs from using roundabouts as termini around shoulders, lay bays and or parking areas in contravention of the law;
  2. Continuously enforce the foregoing prohibition notices using enforcement officers at the County and sub-County levels, and,
  3. Formulate regulations under the Nairobi City and County Transport Act, 2020, further to provide for punitive measures for operators who illegally use roundabouts as termini, lay bays or parking
Notice of Motion 3rd May, 2023
Mover Hon. Kennedy Swaka, MCA
Seconder Hon. Davidson Ngibuini, MCA
Dates Debated and/or Concluded 8th June, 2023
Remarks Adopted
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