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Minister defends new 50km speed limit rule

The government wants the court to dismiss a case challenging the newly introduced 50km per hour speed limit rule.

State counsel Emmanuel Bitta, in 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,” he said.

Mr Bitta denied claims that the traffic police commandant had ordered arrest of motorists who violated the new rule. He said the allegations were “presumptive and not based on any evidence.”

Transport Cabinet Secretary Michael Kamau did not act in bad faith in seeking to enforce the new rules Mr Bitta said.

“LSK has relied heavily on newspaper reports which have no proof of abuse of power by the cabinet secretary and the principal secretary. The petition is premised on hearsay.”

LSK went to court to stop the enforcement of the new rules arguing 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,” lawyer Harrison Kinyanjui for the LSK said.