Subject: Prohibition of use of roundabouts as laybys, parking and termini by public service vehicles in the County

THAT, aware that Article 46 of the Constitution of Kenya 2010 provides that consumers of goods and services have a right to protection, health, safety and economic interests, the Constitution in Part II of the Fourth Schedule apportions the parking and traffic aspects of transport function to County Governments; COGNIZANCE THAT Section 27 of the Nairobi City County Traffic Act, 2020 prohibits PSVs from picking and dropping passengers at undesignated bus stops and Sections 46 and 47 of the Act prohibits persons from parking on public roads in a manner that impedes traffic flow and strictly restricts parking to the designated areas, the Sections particularly prohibits PSVs from using undesignated areas as parking prior to obtaining authority from the County; NOTING THAT in pursuit of the County beautification initiatives, the County has from year to year allocated and appropriated funds towards rehabilitation, greening and decoration of roundabouts including entering into maintenance agreements with private companies for the purpose of environmental aesthetics; DEEPLY CONCERNED THAT the persistent use of roundabouts by PSVs as termini has continued to cause heavy 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 public money and investments; this Assembly urges the County Executive and the Nairobi Metropolitan Services to: - 1) Issue a public notice prohibiting public transport (PSVs) from using roundabouts as termini, laybys and/or parking areas in contravention of the law; 2) Continuously enforce the foregoing prohibition notice using enforcement officers and the County and Sub-County levels; and 3) Formulate regulations to the Nairobi City County Transport Act 2020 forthwith to provide for punitive measures for operators who illegally use roundabouts as termini, laybys or parking.
Notice of Motion 1st January, 1970
Mover Hon. John Kamau, MCA
Seconder Hon. Mark Mugambi, MCA
Division None
Dates Debated and/or Concluded 18th November, 2021
Remarks Adopted
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