Petitioner wants parking laws enforced after alleged misconduct by Nairobi County officials

In his written submissions, Robert Leroy Ochieng' alleges that the conduct amounts to an abuse of power and a violation of citizens’ rights under Articles 10, 27, 28, 39, 46, 54, 73, 75, and 174 of the Constitution. 

He further submits that the Nairobi County government has failed to enforce parking and traffic laws, despite a formal demand and evidence of repeated violations.

According to the submissions, the illegal parking has caused severe traffic congestion, blocking pedestrian pathways and creating unsafe conditions for road users, particularly persons with disabilities.

The County government and the County Assembly, in response, submitted that no constitutional matter arises and urged the court to apply the doctrine of constitutional avoidance. 

Mr. Ochieng, however, maintains that the petition raises clear constitutional questions that cannot be addressed through ordinary statutory or administrative remedies.

In his submissions, he argues that the conduct by County Assembly officials amounts to discrimination and abuse of office, denying ordinary citizens and persons with disabilities equal protection under the law. 

He also opines that the County government’s failure to act legitimizes illegal behavior, undermines the rule of law, and exposes road users to danger.

The petition cites previous rulings showing that selective enforcement of laws by state organs constitutes a constitutional issue. 

Ochieng submits that the doctrine of constitutional avoidance does not apply because the violations are systemic, ongoing, and of direct constitutional relevance.

He wants declaratory, injunctive, and supervisory orders requiring the County government and the Assembly to enforce parking laws, protect pedestrian pathways, and safeguard the rights of persons with disabilities.