[2019] KETLABT 86 (KLR)
The Board determined that since the County Government of Nairobi had already granted the appellant's request for the addition of Tom Mboya as a dropping and picking point, and the respondent had no objection, there was no legal impediment to granting the request. The consent of both parties and the absence of any...
Source-derived case information.
- Citation
- [2019] KETLABT 86 (KLR)
- Parties
- Appellant: Chelsea Transporters Sacco Limited; Respondent: The National Transport & Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 12 of 2019
- Procedural Posture
- Appeal / Consent Judgment
- Outcome
- consent_judgment_entered
- Legal Topics
- Road Service Licensing, Public Transport Regulation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Chelsea Transporters Sacco Limited
Appellant
The National Transport & Safety Authority
Respondent
Procedural Posture
Appeal / Consent Judgment
Legal Issues
- 1 Whether the appellant is entitled to the addition of Tom Mboya as a dropping and picking point on its Road Service License.
- 2 Whether the respondent has any objection to the appellant's request given the County Government of Nairobi's approval.
Ratio Decidendi
The Board determined that since the County Government of Nairobi had already granted the appellant's request for the addition of Tom Mboya as a dropping and picking point, and the respondent had no objection, there was no legal impediment to granting the request. The consent of both parties and the absence of any contrary legal or regulatory consideration justified the issuance of the order as sought by the appellant.
Court Disposition
consent_judgment_entered
Orders
- The respondent shall grant the appellant's request for the addition of Tom Mboya as a dropping and picking point to its Road Service License within seven working days, on or before 2nd May 2019.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
20 paragraphs
IN THE TRANSPORT LICENSING APPEALS BOARD AT NAIROBI
APPEAL CASE NO. 012 OF 2019
CHELSEA TRANSPORTERS SACCO LIMITED ....................................APPELLANT
VERSUS
THE NATIONAL TRANSPORT & SAFETY AUTHORITY ...............RESPONDENT
CONSENT JUDGMENT
TERMS OF JUDGMENT
1. THAT the Respondents have no objection to Appellant’s request for the addition of Tom Mboya as a dropping and picking point to their company’s Road Service License as the said request has already been granted by the County Government of Nairobi.
2. THAT the request shall be granted within seven working days that is on/before 2nd May 2019.
3. THAT each party shall bare its own costs.
SIGNATURES
1. Signature of or on behalf of the Appellant………………………………………
Date ………………………………..........
2. Signature of or on behalf of the Respondent …………………………………..
Date ……………………………………………………
Signed and dated at …………………………. by the Transport Licensing Appeals Board on this 2nd day of May 2019
Dick Waweru Chairman ………………………
Moses Parantai Member ……………………..
Aden Noor Ali Member ……………………….
Betty Chepng’etichBii Member ……………………….