Kisumu City Manager Abala Wanga has issued a notice warning that no petrol station premises will be used by Public Service Vehicles for parking, waiting, picking up or dropping off passengers or for any purpose inconsistent with approved use of such premises.
In a signed public notice he issued, Wanga said that the notice was issued pursuant to the Constitution of Kenya 2010 and all enabling national and county legislation, including Article 186 and the Fourth schedule which vest County Governments with responsibility over County transport, traffic and parking, section 72 of the Traffic Act (Cap 242) which prohibits obstruction of roads and public places and empowers regulation of parking and stopping of vehicles.
“Section 118 of the Public Health Act (Cap 242) which classifies activities that endanger public safety as statutory nuisances, the Energy Act 2019 and applicable regulations administered by the Energy and Petroleum Regulatory Authority (EPRA) which require petroleum retail facilities to operate in a manner that safeguards public safety ,Sections 2 and 37 of the Physical and Land Use Planning Act 2019 which prohibit unauthorized change of use of land, Section, 120 of the County Act,2012″read part of the notice.
He further said in the notice that petrol stations are licensed and approved strictly for petroleum retail and related services and are not designated PSV parking areas, terminal or passenger pick-up/drop-off points.
“Allowing PSVs to park, wait, or operate from petrol station forecourts poses serious safety, traffic and public health risks and constitutes an unauthorized use of premises”, the notice further said.
He warned that Petrol Station operators who permit such activities shall be deemed to be in breach of applicable laws and license conditions.
“The City shall take appropriate enforcement action against both PSV operators and petrol station operators found in contravention of this notice including issuance of penalties, closure orders, removal of vehicles and prosecution in accordance with the law” he warned in the notice.
