TRANSPORT LICENSING APPEALS BOARD
APPEAL NO. 18 OF 2020
MODERN PREMIUM SACCO...................................................APPELLANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY....RESPONDENT
RULING
Introduction
1. The Appellant is a cooperative society that is registered under the Co-operative Societies Act (Cap 490) and is licensed by the Respondent Authority to operate public service vehicles.
2. The Respondent, National Transport and Safety Authority, is established under section 3 of the National Transport and Safety Authority Act, No. 33 of 2012 and has the responsibility to: advise and make recommendations to the Cabinet Secretary on matters relating to road transport and safety, implement policies relating road transport and safety; plan, manage and regulate the road transport system; ensure the provision of safe, reliable, and efficient road transport services and to administer the Traffic Act.
The Appellant’s Case
3. Pending the hearing and determination of this matter, the Appellant appeared in court on October 30, 2020 and applied for a temporary order to lift the closure of their portal and restrain the Respondent, or its agents or representatives, from impounding their vehicles.
4. The case that the Appellant has filed at the Transport Licensing Appeals Board arose as a result of the closure of the portal by the Respondent in May 2020. The Respondent entered appearance and was given seven (7) days to file their defence before the Board could consider the Appellant’s application for a temporary order.
The Respondent’s Case
The Respondent did not file a defence nor a response to the appellant’s application for a stay order.
Having considered the facts and the law applicable to this matter, the Transport Licensing Appeals Board makes the following orders:
THAT, pending the hearing and determination of this suit, the Respondent is ordered to open the portal of the Appellant with immediate effect and the Respondent, whether by itself or its representatives, servants or agents, is restrained from impounding the Sacco’s vehicles on the basis of circumstances arising from this suit.
DELIVERED, DATED, AND SIGNED IN NAIROBI BY THE TRANSPORT LICENSING APPEALS BOARD ON THIS 9TH OF NOVEMBER, 2020.
DICK WAWERU …………………………………………. CHAIRMAN
MOSES PARANTAI ………………………………………… MEMBER
PROF. KIARIE MWAURA ……………………………………… MEMBER