Muhia Boniface Ndungu v National Transport and Safety Authority [2020] KETLABT 74 (KLR)

REPUBLIC OF KENYA

IN THE TRANSPORT LICENSING APPEALS BOARD

AT NAIROBI

APPEAL NO. 03 OF 2020

MUHIA BONIFACE NDUNGU.............................................................APPELLANT

VERSUS

NATIONAL TRANSPORT AND SAFETY AUTHORITY..............RESPONDENT

JUDGMENT

Introduction

1. The Appellant is a holder of a Class ABCE license issued by the Respondent and has been driving on the license for 15 years.

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 has the responsibility to: advise and make recommendations to the Cabinet Secretary on matters relating to road transport and safety, implement policies relating road transport and safety; plan, manage and regulate the road transport system; ensure the provision of safe, reliable, and efficient road transport services and to administer the Traffic Act.

Appellant’s Case

3. On January 16, 2020, the Appellant made an application to the Respondent Authority for the endorsement of Category G on his license in order to enable him drive Motor Graders, Front Loaders and Excavators. The Respondent Authority acknowledged receipt of the application on 16th January 2020.

4. The Appellant averred that he had complied with section 33 of the Traffic Act (Cap 403), which requires one to be over twenty-four years and to have held, for more than four years, a license endorsed in respect of motor cars or commercial vehicles.

5. The Appellant argued that the Respondent did not respond to his application for the endorsement and also that they blatantly and/or willfully refused to endorse his driving license with the requested class as well as failed to update his TIMS account.

6. The Appellant averred that due to the failure of the Respondent Authority to endorse his license with Category G, he was unable to work in any organization and, as a result, could not support himself or his family financially.

7. The Appellant produced all the certificates of training from the Kenya Institute of Highways and Building Technology (KIHBT),which showed that he qualified for Category G endorsement.

8. The Appellant filed a Memorandum of Appeal dated 16th January 2020 and a letter addressed to the board on 16th January 2020.

Respondent’s Case

9. The Respondent Authority did not have an objection to the Appellant’s application.

10. The Respondent Authority stated that it will be guided by the orders of the Tribunal.

Determination

11. Given that the Appellant had proven his case and the Respondent did not counter the evidence adduced, the Transport Licensing Appeals Board hereby makes the following orders:

1. THAT the Appellant is entitled to a Category G endorsement on his licence and should use this order as proof of this entitlement.

2. THATthe Respondent endorses the licence with Category G and updates the Applellant’s TIMS account within seven days.

Delivered, dated, and signed in Nairobi by the Transport Licensing Appeals Board on this 28th day of August 2020.

Dick Waweru                                 Chairman                              ....................................

Prof. Kiarie Mwaura                     Member                                 ………………………

Moses ParantaiMember                                 ………………………

Aden Noor Ali                                 Member                                 ……………………….

Betty Bii                                           Member                                 ……………………….