On Tuesday November 19,2019 a Mombasa High court is expected to hear a dispute between Kenya transporters association and the National Transport and Safety Authority.
High court Judge Hon Eric Ogola is set to rule in the case whereby transporters are seeking temporary orders to restrain NTSA from enforcing the use of the digital speed governors pending the suit determination.
On Tuesday 12 November, 2019 the judge had declined issuance of the temporary order until all parties had filed their response. The Attorney General who is representing the NTSA was yet to respond.
However, Nguyo Wachira-advocate- blamed the delay on similar cases pending at the Chuka and Nairobi High Courts.
The judge directed the Attorney General to file a response within five days. He also allowed the Kenya Tours Drivers Guide Association to be enjoined in the suit as an interested party.
The association had argued that its vehicles, which carry tourists are required for inspection periodically hence the new NTSA directive had a serious effect on its operations. NTSA denied the association a clearance certificate until it fit its vehicles with the digital speed governors.
“The applicant stands to be affected by NTSA’s directive and it is thus fair that they be enjoined in the petition,” said Titus Kirui -advocate for the association.
KTA want a declaration that the agency’s demand to have them fit speed governors with a recorder and a transmitter commonly referred to as KS2295:1:2018 is illegal.
Through lawyer Jack Matheka, the KTA argued that there was no gazette notice to enforce the NTSA order.
“There is no provision in the law that provides for the petitioner or any member of the public to relay to NTSA real- time location of their vehicles,”said the KTA.
The transporters added that the data transmitted to NTSA servers include alerts every time the vehicle speeds, which would mean incriminating oneself contrary to the law.
“The respondent’s action has caused grave loss to the petitioner due to the sudden decision to implement the (upgraded) governor to obtain compliance and be issued with a Transport Licensing Board licence,” they contended.
“The only reason that the respondent is demanding for the petitioner to comply is that the new gadget can transmit any infraction by the motor vehicle directly to them,” said KTA chief executive Dennis in his affidavit.
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