Kerongo & 2 others v Kabiru & 4 others [2023] KETLABT 179 (KLR)

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

In the Transport Licensing Appeals Board Tribunal

Civil

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 ……………………….