High Court Justice Weldon Korir has ruled against a decision by NTSA to phase out 14 seater vehicles, declaring the decision illegal and unconstitutional. A court ruling by the judge said that the regulator failed to demonstrate evidence of public participation in the regulation.
“It was incumbent upon the makers of the regulations to demonstrate that the public was involved in the enactment of the regulations. The respondents have failed to prove that there was public participation in the enactment of the impugned regulation,” reads the ruling.
In 2014, NTSA through Legal Notice No. 179, indicated that all public service vehicles below the capacity of 25 passengers would not receive licences. This move was in preparation for the implementation of the Rapid Bus Transport program, which only went as far as the red marking on Thika Road.
The notice which barred new 14 seater vehicles from entering the road received heavy criticism from players in the matatu industry, who obtained temporary orders to block the directive.
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Hopefully, the ruling by Justice Weldon Korir will mark an end to the courtroom back and forth between matatu SACCOs and the NTSA.
“The Court, therefore, finds that Regulation 4 of Legal Notice No. 179 of 2014 did not comply with this particular constitutional requirement for the enactment of legislation.”
14 Seater Vehicles to Carry More People
Public service vehicles can now ferry more passengers after the government relaxed COVID-19 measures in the transport sector. New guidelines from Transport CS James Macharia now allow 14-seater vehicles to carry ten passengers, up from 8. Similarly, 51 seater vehicles can now carry 30 people, while five-seater cars can carry three people. 33 seater vehicles will now use a capacity of 18, including the driver and conductor.
