Olisson Gaithuma Mwaura v National Transport and Safety Authority [2019] KETLABT 94 (KLR)

TRANSPORT LICENSING APPEALS BOARD

APPEAL NO. 024 OF 2019

OLISSON GAITHUMA MWAURA ………………………………APPELLANT

VERSUS

NATIONAL TRANSPORT AND SAFETY AUTHORITY ………RESPONDENT

JUDGMENT

Introduction

1. The Appellant is a holder of a ABCEFG license issued by the Respondent. He has been driving under the license for more than ten 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. The Appellant made an application to the Respondent in July 2019 for the issuance of a digital license but the online system indicated that he was only entitled to Class FG license.  However, the Appellant averred that he was entitled to Class ABCEFG license, as he had been issued with this by the Respondent.  Indeed, the hard copy of his license indicated that he had endorsement for Class ABCEFG.  He produced the original license and the Tribunal verified that he actually had these endorsements.

Respondent’s Case

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

Determination

Following the arguments adduced during the trial, the Transport Licensing Appeals Board hereby makes the following orders:

1. THAT the Appellant is entitled to the endorsement of Class ABCEFG in his license and should use this order as proof of this entitlement.

2. THATthe Respondent endorses Class ABCEFG in the digital license of the Appellant within seven days.

Delivered, dated, and signed in Nairobi by the Transport Licensing Appeals Board on this 13th day of August 2019.

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

Prof. Kiarie MwauraMember                                 ………………………

Aden Noor AliMember                                 ………………………