Home News Mombasa County Assembly de-gazette new traffic rules

Mombasa County Assembly de-gazette new traffic rules

[Old Town MCA Amour Murfad Abdallah addressing the press after de-gazettement of the new traffic rules. Photo/Ahmed Omar].

The Mombasa County Assembly has passed a motion to nullify and de-gazette the new traffic rules that had been implemented by the county government.

The motion was passed during the second sitting of the sixth session of the County Assembly of Mombasa via order paper no 002 of the day.

The move came barely hours after the County Transport and Infrastructure Executive Member Taufiq Balala bowed to pressure from transport stakeholders and the public to suspend the new traffic rules, effective Tuesday midnight.

The motion was moved by Old town Member of County Assembly Abdallah Murfad Amour and seconded by his Kipevu Ward counterpart Faith Mwende.

Moving the motion, Amour said that the executive failed to involve either the Transport Committee or the Assembly before coming up with the new traffic rules.

He noted that since the imposition of the orders, traffic congestion had exacerbated, public fares increased, the cost of doing business had gone up and even death of passengers and pedestrians had been reported.

“Mr speaker Sir, I beg to move the following motion, that gazette notices no 547 and 548 published by the County Executive Committee member for Transport, Infrastructure and Public works purporting to close temporarily certain National Highways and County Roads as well as restricting movement of heavy goods vehicles be hereby nullified and be de-gazetted,” said Amour.

Amour said that the continued implementation of the law would be a serious breach of the law because the orders and decisions were ultra vires, defective and null since the gazetted order which is a statutory instrument in law was not tabled and approved by the county assembly of Mombasa.

Making his contributions to the motion, Mikindani MCA Juma Renson Thoya and Nominated MCA Fatma Kushe said that the CECM failed to involve the committee.

They said that the new traffic directives had disrupted transport and businesses in the county causing loss to the business community.


They said that Balala should be invited to the Assembly to explain what he had intended to achieve with the directive.

They argued that the move by Balala was going to create a bad precedent for other CECM’s in the county, adding that ignorance of the law is not an excuse.

The MCA’s collectively apologised to Mombasa residents for the transport confusion witnessed during the seven-day trial of the new one way traffic system calling on the county to compensate the families of those who are said to have lost lives as a result of the traffic directive.

[Traffic Marshall directing matatus in Mombasa during the implementation of the new one way transport system. Photo/Ahmed Omar].

Unconfirmed reports circulating on social media state that about five people lost their lives as a result of confusion caused by the suspended traffic rules.

However Balala had earlier refuted the death reports saying that, “traffic records show that many people have lost their lives on the road since last year, the new traffic rules cannot be blamed for that.”