Mathenge v National Transport and Safety Authority (Appeal E026 of 2023) [2024] KETLABT 472 (KLR) (28 February 2024) (Judgment)
Neutral citation:
[2024] KETLABT 472 (KLR)
Republic of Kenya
Appeal E026 of 2023
A Kamotho, Chair, Joseph Mcdonald, Maryan Hajir, James Ngomeli & Waithira Muiruri, Members
February 28, 2024
Between
Stephen Mukemba Mathenge
Appellant
and
National Transport and Safety Authority
Respondent
Judgment
Introduction
1.The appellant, Stephen Mukemba Mathenge is a male adult of identification number 21713953 residing in Nyeri County.
2.The respondent, National Transport and Safety Authority (NTSA) is established under section 3 of the National Transport and Safety Authority Act No.33 of 2012 and is inter alia mandate to advise and make recommendations to the Cabinet Secretary on matters relating to road transport and safety; implement policies relating to road transport and safety; implement policies relating to road transport and safety; plan, manage and regulate the road transport system in accordance with the provision of the NTSA act; as well as to ensure the provision of safe, reliable and efficient road transport services.
Appellant’s Case.
3.The appellant filed a memorandum of appeal at the Transport Licensing Appeals Tribunal on 5th December, 2023 claiming that the respondent had omitted special type class on his smart driving license yet the same had been endorsed in his old driving license.
4.He sought to have the National Transport and Safety Authority compelled to reinstate the missing class in his smart driving license.
Respondent’s case.
5.The respondent authority did not enter objection to the appellant’s appeal.
Issues for Determination.
6.The issue that renders itself for determination is whether the appellant has adduced enough evidence to demonstrate entitlement to the missing classes of licensing.
Analysis and Determination.
Whether the appellant had adduced enough evidence.
7.Section 33(1) of the Traffic Act provides that:any person who satisfies the licensing officer that he has, before
8.In this matter, the appellant, in his old driving license was licensed to drive the special type class of vehicles as duly stamped and endorsed by the respondent on his driving license.
9.Section 82 of The Traffic Act states that:
10.The appellant having proved that the missing particulars in his smart driving license were existing in his old driving license, he is as matter of justice entitled to the same. As such, the respondent has a duty to include the missing classes in the appellant’s smart driving license.
Orders.
11Accordingly, based on the facts and law applicable to this case, the Transport Licensing Appeals Board hereby makes the following ORDER:a.The respondent shall forthwith reinstate all the missing/omitted licensing classes on the appellant’s smart driving license.b.Each party shall bear own costs
DELIVERED VIRTUALLY BY THE TRANSPORT LICENSING LICENSING APPEALS BOARD ON THIS…28TH…. DAY OF…FEBRUARY….2024.DR. ADRIAN KAMOTHO. - CHAIRPERSON JOSEPH MCDONALD - MEMBER. MARYAN HAJIR - MEMBER. JAMES NGOMELI - MEMBER WAITHIRA MUIRURI - MEMBER