Nairobi Governor Mike Sonko, Gatundu South MP Moses Kuria and four others have moved to court against a new government directive.
The Governor and the five politicians are opposing the introduction of mandatory third-party insurance for boda bodas and tuk tuks.
Sonko and his counterparts argue that the government directive is punitive to the operators and should therefore be stopped.
They also asked the court to suspend the order pending public participation which should determine whether the directive takes effect.
The politicians enjoined in the suit are EALA MP Simon Mbugua, Stanley Livondo, Reuben Ndolo, Kalembe Ndile and Steven Bwire.
CS Rotich explains why boda bodas will require third-party cover
In his address in parliament last week, Treasury CS Henry Rotich announced that the insurance requirement had been proposed to curb road accidents caused by the passenger carriers.
"This mode of transport has proven to be very risky to the riders, passengers and even pedestrians. Further, Mr. Speaker, the accident victims, who are mostly from the lower cadres of the society, are left to seek financial assistance for treatment from friends and relatives since these boda bodas are not insured.
"In order to mitigate against these risks, Mr. Speaker, I propose to amend the (Motor Vehicle Third Party Risks) (Certificate of Insurance) rules to require all passenger-carrying boda bodas and tuk-tuks to have an insurance cover for passengers and pedestrians," he stated.
Boda boda Safety Association of Kenya Chairman Kevin Mubadi, however, stated that the insurance requirement will deal a fatal blow to the sector citing tough economic times in the country.