A matter seeking to halt the launch of the Nairobi Expressway until Mombasa Road is restored to its original state has been certified urgent and mention – for directions – set to be issued on May 19, 2022.
Justice Anthony Mrima of the Constitutional Court ordered COFEK to serve the parties.
In the case, COFEK has sued Transport Secretary James Macharia, Attorney General. Kenya National Highways Authority (KENHA) and further named Moja Expressway Company as an interested party.
Moja Expressway is a subsidiary of the Chinese contractor. It will be managing the road toll project.
“The initial Mombasa Road has been narrowed and in most areas, the initial 3 lanes reduced into 2 lanes ostensibly to cause more traffic jams at the bottom (original Mombasa Road) so that motorists are forced to use the private elevated road (upper deck) and that although there are hurried plans in which the President of the Republic of Kenya announced dry-runs on the Nairobi Express Way effective 14th May 2022, the original public Mombasa Road has not been reinstated to its original state – of 3 lanes, road markings, and road signs, lighting and worse – storm water from the elevated road hit the ground motorists screens and pedestrians in an unacceptable manner and the trees that were cut down during construction have not been replaced’, COFEK argued in part.
COFEK also told the Court, through lawyer Moses Sikuta, that Transport Secretary James Macharia refused to respond to its’ concerns hence necessitating the legal action.
