State now defends new 50km speed limit rule
What you need to know:
- State counsel Emmanuel Bitta argued regulation of speed did not amount to violation of people’s rights to movement as alleged.
- He also denied claims the traffic police commandant had ordered arrest of motorists who violated the new rule.
The government wants the court to dismiss a case challenging the newly introduced 50kmh speed limit rule.
State counsel Emmanuel Bitta, in a response to a petition filed by the Law Society of Kenya (LSK), argued regulation of speed did not amount to violation of people’s rights to movement as alleged.
“The application as drafted does not demonstrate restriction to rights of movement. The society is seeking a review of a law irregularly through courts without following due process,” said Mr Bitta.
He also denied claims the traffic police commandant had ordered arrest of motorists who violated the new rule saying: “The allegations are presumptive and not based on any evidence.”
Mr Bitta said the Cabinet Secretary for Transport Michael Kamau had not acted in bad faith in seeking to enforce the new rules.
“LSK has relied heavily on newspaper reports which have no prove of abuse of power by the cabinet secretary and the principal secretary. The petition is premised on hearsay,” said Bitta.
LSK went to court to stop the enforcement of the new rules arguing that they were restrictive and oppressive to most Kenyan motorists.
The society faulted Mr Kamau’s silence on the matter, saying it amounted to abuse and dictatorial tendencies.
“The CS has just stood by and watched as motorists are arbitrarily arrested where no signs prescribing speed limits are erected,” said lawyer Harrison Kinyanjui, for LSK.
