IN THE TRANSPORT LICENSING APPEALS BOARD AT NAROK
APPEAL CASE NO 013 OF 2018
NAROK LINE SERVICES LTD.............................................................APPELLANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY.................RESPONDENT
NAROK STAR SHUTTLE SACCO...................................1ST INTERESTED PARTY
NAROK COUNTY GOVERNMENT................................2ND INTERESTED PARTY
RULING
1. On 29th May, 2019, this Board delivered a ruling dismissing the original appeal.
2. This ruling determines the 2nd Interested Party’s application dated 19th August, 2019 in which, the Applicant sought directions on the issue of costs, as regards, the ruling dismissing the original appeal.
3. The Applicant submitted that the Appellant should be liable for costs as, costs follows the event.
4. The Respondent submitted that parties should meet their own costs.
5. This board is cognizant of the fact that, the rationale for refusing to award costs against unsuccessful litigants in constitutional litigation, is premised on the fact that it may discourage potential litigants from perusing constitutional claims in order to avoid financial implications in the form of costs.
6. In the case of Brian Asin & 2 others v Wafula W. Chebukati & 9 others [2017] eKLR, Mativo J successfully quoted the South African case of Hotz and Others vs University of Cape Town [2017] ZACC 10, which states that: “an award of costs may have a chilling effect on the litigants who might wish to vindicate their constitutional rights”.
7. This Board’s mandate is intertwined with the Right to Fair Administrative Action. The Right to Fair Administrative Action is a constructional right. According to Mativo J in the case of Brian Asin & 2 others v Wafula W. Chebukati & 9 others [2017] eKLR, Constitutional litigation is generally in the purview of public interest. Costs do not necessarily follow the even in matters of Public interest.
The Transport Licensing Appeals Board, hereby orders: THAT parties meet their own costs.
Delivered, dated, and signed in Narok by the Transport Licensing Appeals Board on this 13th day of December 2019.
Prof. Kiarie Mwaura Member ..........................
Moses Parantai Member ………………………
Aden Noor Ali Member ………………………
Betty Chepng’etich Bii Member ………………………