[2019] KETLABT 37 (KLR)
The Board found that the appellant had fulfilled all statutory requirements under section 33 of the Traffic Act for the endorsement of Class B Professional in his license, including age, experience, and good conduct. The respondent did not object to the application, and there was no evidence of any disqualifying...
Source-derived case information.
- Citation
- [2019] KETLABT 37 (KLR)
- Parties
- Appellant: Eliud Joseph Maina; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 34 of 2019
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Licensing Decisions, Public Service Vehicle Regulation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Joseph Maina
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the appellant is entitled to the endorsement of Class B Professional in his driving license.
- 2 Whether the appellant has complied with the statutory requirements for endorsement under section 33 of the Traffic Act.
Ratio Decidendi
The Board found that the appellant had fulfilled all statutory requirements under section 33 of the Traffic Act for the endorsement of Class B Professional in his license, including age, experience, and good conduct. The respondent did not object to the application, and there was no evidence of any disqualifying factors. Therefore, the appellant was entitled to the endorsement sought, and the respondent was ordered to effect the endorsement within seven days.
Court Disposition
appeal allowed
Orders
- The appellant is entitled to the endorsement of Class B Professional in his license and may use this order as proof of entitlement.
- The respondent shall endorse Class B Professional in the appellant's license within seven days.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
TRANSPORT LICENSING APPEALS BOARD
APPEAL NO. 034 OF 2019
ELIUD JOSEPH MAINA …….................................................…………APPELLANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY …………RESPONDENT
JUDGMENT
Introduction
1. The Appellant is a holder of a BCE license issued by the Respondent. He has been driving under the license for the last nine 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 dated June 10, 2019 for the endorsement of Class B Professional in his license in order to enable him drive a PSV cab. The Respondent acknowledged receipt of the application on October 01, 2019.
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 vehicle.
5. The Appellant produced his certificate of good conduct and averred that he had no record of criminal or traffic offences.
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 B Professional in his license and should use this order as proof of this entitlement.
2. THATthe Respondent endorses Class B Professional in the license of the Appellant within seven days.
Delivered, dated, and signed in Nairobi by the Transport Licensing Appeals Board on this 3rd day of December 2019.
Prof. Kiarie Mwaura Chairman ....................................
Moses ParantaiMember ………………………
Aden Noor AliMember ………………………
Betty Chepng’etich Bii Member ……………………….