Juja Athi Travellers Sacco Society Ltd v National Transport and Safety Authority (Tribunal Appeal 026 of 2022) [2022] KETLABT 692 (KLR) (Civ) (4 July 2022) (Order)

Citation
Juja Athi Travellers Sacco Society Ltd v National Transport and Safety Authority [2022] KETLABT 692 (KLR)
Media Neutral Citation
[2022] KETLABT 692 (KLR)
Court
Transport Licensing Appeals Board Tribunal
Outcome
Allowed
Case number
Tribunal Appeal 026 of 2022
Judges
Dick Waweru, Joseph Mcdonald, Lillian Waithera, James Ngomeli, Maryan Hajir
Judgment date
4 July 2022
Language
English
Type
Judgment
Original source file
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Order
1.That the Appellant is a duly licensed operator by the Respondent and it is receiving unfair competition from unlicensed operators and that if unlicensed operators are allowed illegally to operate unabated then it makes a mockery of the entire licensing regime. 2.That all unlicensed operators are ordered with immediate effect to cease operations in the routes designated for the Appellant; until such a time that they are licensed to do so. 3.That the Respondent has a legal duty to protect licensed operators from unlicensed illegal operators and therefore has responsibility to enforce the strict adherence of the law together with other law enforcement agencies such as the police 4.That the Respondent to address the complaints and objections raised by the Appellant ,resting on the letter dated 10th May 2022. 5.That each party shall bare its own costs.
1.This matter coming up for ruling of the memorandum of appeal dated June 27, 2022; and complaint letter citing unfair competition from unlicensed operators to the respondent dated May 10, 2022, before the fully membership of the honourable Transport Licensing Appeals Board. And whereas the said ruling was delivered in presence of both parties in open court.
It is hereby ordered1.That the appellant is a duly licensed operator by the respondent and it is receiving unfair competition from unlicensed operators and that if unlicensed operators are allowed illegally to operate unabated then it makes a mockery of the entire licensing regime.2.That all unlicensed operators are ordered with immediate effect to cease operations in the routes designated for the appellant; until such a time that they are licensed to do so.3.That the respondent has a legal duty to protect licensed operators from unlicensed illegal operators and therefore has responsibility to enforce the strict adherence of the law together with other law enforcement agencies such as the police4.That the respondent to address the complaints and objections raised by the appellant ,resting on the letter dated May 10, 2022.5.That each party shall bare its own costs.
GIVEN UNDER THE HAND AND SEAL OF THIS HONOURABLE APPEALS BOARD THIS 4TH JULY 2022HONOURABLE TRANSPORT LICENSING AND APPEALS BOARDISSUED AT MURANGA THIS 4TH JULY 2022SIGNED AND DATED AT MURANGA LAW COURTS BY THE TRANSPORT LICENSING APPEALSBOARD ON THIS 4TH DAY OF JULY 2022.Dick Waweru Chairman ……………………….Joseph McDonald Member ………………………..Lillian Waithera Member ……………………….James Ngomeli Member ……………………….Maryan Hajir Member ………………………..
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