RULING OF THE COURT
The background to this application stems from the enactment of the Nairobi City County Finance Act of 2013. Paragraph 6.1 of the schedule to that Act allows the Nairobi City County to levy, and to increase parking fees. After this enactment, the applicants moved to the High Court claiming that Article 190 of the Constitution binds County Governments to adhere to national legislation when enacting any County legislation. They argued that the 1st respondent ought to have followed the provisions in the Traffic Act, and that clause 6.1 in the Nairobi County Finance Act, if left to stand, will amount to letting unlawful legislation stand, which in their view ought not to be countenanced by the Court.
After the passing of the Nairobi City County Finance Act, 2013, the 1st respondent made the decision, pursuant to the schedule contained in the Act, to increase the parking fees within Nairobi from Kshs 140.00 per day to the present daily charge of Kshs 300.00. This increase …