LSK sues state over Sh6 billion traffic cameras

The Law Society of Kenya (LSK) has urged the High Court to suspend the installation of traffic cameras worth Sh6.1 bilion.

The society in its case filed under certificate of urgency claimed the 25 cameras meant to be installed in Nairobi were procured illegally as there was no competitive bidding or public participation.

LSK’s lawyer Frank Oriku said that the cost of the cameras was overpriced and meant to be spent in an opaque manner.

LSK, along with a road safety expert Gerald Osiemo, sued Transport Cabinet Secretary Davis Chirchir, Speaker of  National Assembly Moses Wetang’ula, the Secretary to the Cabinet Mercy Wanjau, Prime Cabinet Secretary Musalia Mudavadi, and Inspector General of Police Douglas Kanja.

“The ongoing implementation of the project imposes an immediate and unjustified financial burden on the taxpayers and risks misuse of public resources in contravention of the Public Finance Management Act, and the Public Procurement and Asset Disposal Act,” argued Oriku.

The lawyer told High Court judge Chacha Mwita that LSK and Osiemo had asked the ministry to disclose details about the deal but its letters went unanswered.

He asserted that taxpayers’ money should be used prudently and transparently.

“The urgency of this matter is further heightened by the impending expenditure of funds already earmarked for the procurement, which, if not restrained, will render any subsequent judicial intervention ineffective. The interest of justice is to prevent the continued violation of the constitution,” he said.

According to him, purchasing the cameras would set a dangerous precedent for unchecked government expenditures.

LSK Chief Executive Officer Florence Muturi in her supporting affidavit, said that the approval and subsequent procurement violated good governance, transparency and accountability.

At the same time, she argued that they had violated principles of public finance including prudent use of public finances.

She maintained that the cameras’ cost was too lopsided to the intended benefit of monitoring traffic in the capital city.

In a press release filed in court, the Kenya Urban Roads Authority (KURA) announced that it had signed a contract with Samsung of South Korea to construct the Nairobi Intelligent Transport System (ITS) establishment and junction improvement project.

KURA said that the project was estimated to cost US$61 million (Sh7.8 billion at the current exchange rate) and was funded by Korea Exim Bank.

According to the agency, the cameras, sensors, and traffic lights would be installed to monitor traffic flow, and the project would be completed by February 2027.

The case will be mentioned on February 26, 2025.