Kerongo & 2 others v Kabiru & 4 others (Tribunal Case E002 of 2023) [2023] KETLABT 179 (KLR) (Civ) (28 March 2023) (Order)
Neutral citation:
[2023] KETLABT 179 (KLR)
Republic of Kenya
Tribunal Case E002 of 2023
Joseph Mcdonald, Ag. Chair, Waithira Muiruri, James Ngomeli & Maryan Hajir, Members
March 28, 2023
Between
Eluid Kerongo
1st Appellant
Festus Kairu
2nd Appellant
Issac Ngatia
3rd Appellant
and
Joseph Mathenge Kabiru
1st Respondent
Edward Ogega Nyaachi
2nd Respondent
James Ochwoga Omeru
3rd Respondent
Jesse Maina Macharia
4th Respondent
National Transport Safety Authority
5th Respondent
Order
Having considered the facts and the law applicable to this case, the Transport Licensing Appeals Board hereby makes the following orders:
1.That NTSA should reinstate the removed vehicles with immediate effect.
2.That St Mary's vehicles currently impounded should be released with immediate effect.
3.TLAB does not have jurisdiction to award compensation/damages.
4.That NTSA should give the appellants 30 days to comply with the Sacco's policies.
5.Each party should bear their own cost.
Delivered, dated, and signed in Nairobi by the Transport Licensing Appeals Board on this 28 day of March, 2023.Joseph McDonald Ag.Chairman ………………………Maryan Hajir Member ..................................Waithira Muiruri Member .………………………James Ngomeli Member ……………………….