A Nairobi resident has moved to the High Court challenging what he describes as illegal parking by Members of the Nairobi City County Assembly on pedestrian walkways and spaces reserved for persons with disabilities in the city centre.
In the case, Robert Leroy Ochieng accuses Members of the County Assembly (MCAs) of routinely parking their vehicles along City Hall Way, Mama Ngina Street and Wabera Street, blocking pedestrian pathways and areas designated for persons with disabilities.
Through written submissions filed in court, Ochieng argues that the conduct amounts to an abuse of office and violates several constitutional provisions, including rights to equality, dignity, freedom of movement and protection of persons with disabilities.
He also accuses the Nairobi City County Government of failing to enforce parking and traffic regulations despite receiving formal complaints and evidence of repeated violations.
According to the petitioner, the illegal parking has worsened traffic congestion in the busy streets and created unsafe conditions for pedestrians, particularly persons with disabilities who depend on designated walkways. The County Government and the County Assembly have opposed the petition, arguing that the dispute does not raise constitutional questions and urging the court to apply the doctrine of constitutional avoidance.
However, Ochieng maintains that the matter raises clear constitutional issues that cannot be addressed through ordinary administrative or statutory mechanisms. He argues that the conduct by MCAs amounts to discrimination and abuse of public office, denying ordinary citizens and persons with disabilities equal protection under the law.
The petitioner further claims that the County Government’s failure to act effectively legitimises illegal behaviour, undermines the rule of law and exposes road users to danger.
Ochieng is seeking declaratory and injunctive orders compelling the County Government and the Assembly to enforce parking laws, protect pedestrian pathways and safeguard the rights of persons with disabilities in the city centre.
