Joseph Omondi Ochieng, Maurice Juma, Luke Ocholla, William Oduor, Silas Owiti & Vincent Otieno (Suing on their behalf and behalf of the membership of Choppies Roundabout Boda Boda Youth Group, Tuffoam Mall Boda Boda Riders Self Help Group and all other affected owners of boda bodas, tuk tuks, taxis, private vehicles and traders within the City Centre and more specifically Oginga Odinga and Angawa Streets of Kisumu City Central Business District (CBD) in Kisumu County) v City Manager-Kisumu, Kisumu City Board & County Government of Kisumu [2021] KEHC 7944 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CONSTITUTIONAL PETITION NO. E004 OF 2021

ORIGINATING FROM

KISUMU CONSTITUTIONAL PETITION NO. E005 OF 2021

JOSEPH OMONDI OCHIENG.....................................................1ST PETITIONER

MAURICE JUMA...........................................................................2ND PETITIONER

LUKE OCHOLLA...........................................................................3RD PETITIONER

WILLIAM ODUOR........................................................................4TH PETITIONER

SILAS OWITI..................................................................................5TH PETITIONER

VINCENT OTIENO........................................................................6TH PETITIONER

(Suing on their behalf and behalf of the membership of CHOPPIES ROUND

ABOUT BODA BODA YOUTH GROUP, TUFFOAM MALL BODA BODA RIDER

SELF HELP GROUP and all other affected owners of boda bodas, tuk tuks, taxis,

private vehicles and traders within the City Centre and more specifically Oginga Odinga

and Angawa Streets of KISUMU CITY Central Business District (CBD) IN KISUMU COUNTY)

- VERSUS -

CITY MANAGER-KISUMU.........................................................1ST RESPONDENT

KISUMU CITY BOARD..............................................................2ND RESPONDENT

COUNTY GOVERNMENT OF KISUMU..................................3RD RESPONDENT

RULING

1. I have considered the Petitioners/Applicants’ applications for leave to be heard during the recess and the Notice of motion all dated 29/3/2021 seeking for conservatory orders staying implementation of the one day Public Notice dated 19/2/2021 and effective on 22/2/2021 pending the hearing and determination of the Main Petition.

(1) I grant leave to the Applicant/Petitioner to be heard during the recess.

(2) On the motion for Conservatory orders, I observe that the impugned Notice is dated 19/2/2021 and was to take effect on 22/2/2021 which means it has already taken effect.

2. Granting any order staying the taking effect or implementation thereof will be futile as the application has come too late in the day for exparte orders.

3. I therefore find no urgency involved in the Main motion. I decline to certify as urgent the application for Conservatory orders.

4. I direct the Petitioner/Applicant to serve the Respondents with the Petition and the application for interpartes consideration. Mention before the Duty Judge in the new term on 12/4/2021 for further Directions.

5. These proceedings/orders to be typed and submitted to Kisumu High Court forthwith.

6. This file is closed.

DATED, SIGNED AND DELIVERED AT SIAYA, THIS 1ST DAY OF APRIL 2021

R.E. ABURILI

JUDGE