NTSA Losses Powers as Court Suspends Law

The National Transport and Safety Authority (NTSA) has suffered a major blow after it lost its powers as traffic instructors.

In a court ruling delivered by Justice Anthony Mrima, the powers have now been reverted to the National Police Service (NPS), which initially held them.

Justice Mrima also directed Transport Cabinet Secretary, James Macharia, to resubmit another copy of the Traffic Rules of 2020 and explanatory memorandum to Parliament in the next 14 days.

“The CS is also ordered to submit the copy of the court’s judgment and decree to Speakers of both Houses of Parliament,” ruled Justice Mrima.

The same orders were extended to both the Senate and the National Assembly with clear instructions to expedite the entire process of ensuring the traffic rules are well executed in the country.

“In the event that any or both Houses are unable to finalize dealing with the rules within the remainder of their terms, the said rules shall be dealt with in the next term of Parliament,” Mrima ruled.

The case was filed by driving schools seeking an interpretation over a new directive issued in 2020 requiring them to reapply afresh for the licenses and pay Ksh30,000.

Justice Mrima, however, suspended the implementation of the Traffic Rules 2020, giving orders to both houses of Parliament to reconsider the rules.

The case had been filed by the Kenya Driving Schools Association (KDSA) against NTSA, Ministry of Transport, the Attorney General (AG) and Inspector General of Police.

The judgment comes just days after Interior Cabinet Secretary, Fred Matiang’i, ordered all motor vehicle dealers operating in Kenya to undergo fresh licensing.