Due Process Violation

By: Derek Hawkins//September 30, 2020//

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WI Court of Appeals – District II

Case Name: City of Waukesha v. Isaac Kinuthia

Case No.: 2020AP431

Officials: DAVIS, J.

Focus: Due Process Violation

Isaac Kinuthia, appearing pro se, appeals a parking citation he received in the City of Waukesha. The citation was for parking within fifteen feet to the near limits of a crosswalk, in violation of Waukesha Municipal Ordinance § 7.04. This ordinance, in turn, mirrors WIS. STAT. § 346.53(5), which makes this proscription statewide. Kinuthia claims that it is a violation of constitutional due process for the ordinance, and presumably the statute, not to require signage alerting motorists of the no-parking zone.

Kinuthia contested the ticket he received in the municipal court, which upheld the citation after conducting a trial on the issue. A hearing in the circuit court affirmed the conviction. He now appeals to this court. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.