[2019] KETLABT 93 (KLR)
The Board found that the appellant, having been a resident in Kenya for 63 years, married to a Kenyan, and holding both a valid Foreigner Certificate and a valid Work/Resident permit, was entitled to renewal of his PSV/TSV licence. The failure to renew was attributed solely to a system oversight by the respondent....
Source-derived case information.
- Citation
- [2019] KETLABT 93 (KLR)
- Parties
- Appellant: Christopher Martin Brennan; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 14 of 2019
- Procedural Posture
- Appeal / Order
- Outcome
- Appeal allowed. Order granted in favour of the appellant.
- Legal Topics
- Licensing Oversight, Public Service Vehicle Permits, Immigration Status, Administrative Error
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Martin Brennan
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Appeal / Order
Legal Issues
- 1 Whether the appellant is entitled to renewal of his PSV/TSV licence despite a system oversight by the respondent.
- 2 Whether the appellant's valid work/resident permit and marital status affect his eligibility for licence renewal.
Ratio Decidendi
The Board found that the appellant, having been a resident in Kenya for 63 years, married to a Kenyan, and holding both a valid Foreigner Certificate and a valid Work/Resident permit, was entitled to renewal of his PSV/TSV licence. The failure to renew was attributed solely to a system oversight by the respondent. The Board held that such an administrative error should not prejudice the appellant's rights, and directed that the appellant may use the Board's order in place of the licence until the respondent corrects its system and issues the renewed licence.
Court Disposition
Appeal allowed. Order granted in favour of the appellant.
Orders
- The appellant may use this order in place of his PSV/TSV licence until the respondent streamlines its system and renews his PSV/TSV licence.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE TRANSPORT LICENSING APPEALS BOARD AT NAIROBI
APPEAL CASE NO 014 OF 2019
CHRISTOPHER MARTIN BRENNAN…………................................APPELLANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY................RESPONDENT
ORDER
As extracted from the Judgment of the Transport Licensing Appeals Board on the 14th day of June, 2019.
1. THATthe Appellant is the holder of a Foreigner Certificate Number 241551 and has been a resident in Kenya for sixty three(63) years
2. THATthe Appellant is married to a Kenyan.
3. THATthe Appellant’s PSV/TSV licence has not been renewed due to a system oversight on the side of the Respondent.
4. THATthe Appellant is a holder of a valid Work/Resident permit issued under the Kenyan Citizenship and Immigration Act 2011.
5. THATthe Transport Licensing Appeals Board hereby directs that the Appellant uses this order in place of his PSV/TSV licence until the Respondent streamlines its system and renews his PSV/TSV licence.
Delivered, dated, and signed in Nairobi by the Transport Licensing Appeals Board on this 14th day of June 2019.
Dick Waweru Chairman .....................................
Prof. Kiarie Mwaura Member ....................................
Moses Parantai Member ………………………