The senator says, that bumps and rubbles located at the superhighway at the specific points which are identified as Survey of Kenya are the main cause of traffic jam along the busy road.
Today when the matter came up for hearing, the senator’s lawyer Harrison Kinyanjui, told the court that the congestion complaints of is not capable of being demonstrated on paper by way of affidavit evidence.
He told Justice George Odunga, that the bumps and rubbles strips also spotted at Homeland, Kenya Breweries points; they must be made in such way to pave way for pedestrian to use footbridges along the highway.
The lawyer wants the court to visit the complaint pints for it make a determination on bumps and rubbles strips which should be removed forthwith.
Mr Kinyanjui submitted that the CS, KNHA, Nairobi County Kenya Roads Boards and AG having not replied to the application for judicial review, the court should issue an order directing the removal of the bumps and rubbles strips.
The court heard that the senator will at full hearing of the application demonstrate that he is not merely lodging proceedings for the sake of it, but to the intent that a just and fair decision for the benefit of highway user.
” Upon the court assessing for itself on two points then its discretion can exercised based on actual facts is fully verified by the court as opposed to deciding the matter without the benefit of such evidence” he said.
Kinyanjui said the impact of rubbles trips and bumps can verify at around between 6.30 and 6.30 in the morning in the weekdays.
The court will make a ruling on September 2to determine whether to issue the orders sought by the applicant.