[2019] KETLABT 108 (KLR)
The Tribunal found that the Respondent failed to honour its own undertaking by deregistering the Appellant before the expiry of the fourteen-day compliance period stipulated in its letter. This action violated the Appellant's legitimate expectation and did not meet the standards of fair administrative action as...
Source-derived case information.
- Citation
- [2019] KETLABT 108 (KLR)
- Parties
- Appellant: Freestyle Connection Limited; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 1 of 2019
- Procedural Posture
- Administrative Appeal / Judgment
- Outcome
- partly allowed
- Legal Topics
- Fair Administrative Action, Legitimate Expectation, Public Service Vehicle Regulation, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Freestyle Connection Limited
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Administrative Appeal / Judgment
Legal Issues
- 1 Whether the Respondent lawfully deregistered the Appellant before the expiry of the stipulated compliance period.
- 2 Whether the Respondent failed to provide adequate notice and opportunity to comply as required by law.
- 3 Whether the Respondent's actions met the standards of fair administrative action under the Fair Administrative Action Act, 2015.
Ratio Decidendi
The Tribunal found that the Respondent failed to honour its own undertaking by deregistering the Appellant before the expiry of the fourteen-day compliance period stipulated in its letter. This action violated the Appellant's legitimate expectation and did not meet the standards of fair administrative action as required by the Fair Administrative Action Act, 2015. The Tribunal emphasized that enforcement of regulations must be uniform and unbiased, and that the Appellant should be given a fair opportunity to comply with the relevant provisions. The Respondent's willingness to facilitate registration upon compliance was noted, but the premature deregistration was found to be procedurally...
Court Disposition
partly allowed
Orders
- The Appellant, Freestyle Connection Limited, is given twenty one (21) days from the date of this judgement to comply with the stipulated provisions of the NTSA.
- The Respondent, NTSA, is directed to open the Appellant’s portal for vehicle registration to occur.
Full Case Text
Judgment text and source record
27 paragraphs
TRANSPORT LICENSING APPEALS BOARD AT NAIROBI APPEAL
CASE NO. 01 OF 2019
FREESTYLE CONNECTION LIMITED..................................APPELLANT
-VERSUS-
NATIONAL TRANSPORT AND SAFETY AUTHORITY....RESPONDENT
JUDGMENT
Introduction
1. The Appellant, which is a LIMITED COMPANY that is registered under the Companies Act (Cap 486), filed an appeal at the Transport Licensing Appeals Board (TLAB) on the 17th of January 2019, after it had been unlawfully deregistered without notice by the Respondent (National Transport and Safety Authority) on the 27th of October 2018.
2. The Respondent, National Transport and Safety Authority, 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.
The Appellant’s Case
3. Through a letter dated the 22nd of October, 2018, the Respondent informed the Appellant that it had not fully complied with the provisions of the Legal Notice No. 23 of 2014 on Public Service Vehicles operations. The areas of non-compliance included that: twenty one (21) vehicles of the Appellant had expired Road Service License; the Appellant had only seventeen drivers in the portal and that the Appellant had not presented their staff payroll, NHIF and NSSF for the last three months to the Authority. As per the letter, the Appellant was given fourteen (14) days from the date of the letter to comply with the provision of the Regulations, failure to which the Authority could take appropriate action.
4. The appeal was based on the grounds that: NTSA had deregistered the Appellant before the lapse of the fourteen days that had been stipulated in its non-compliance letter; NTSA failed to give notice of the intended action of deregistering the Appellant; the Respondent failed to answer to the Appellant’s letter that had been addressed to them on the 30th of October 2019 seeking the re-opening of the Sacco in order to address the compliance issues that had been raised by the Respondent.
The Respondent’s Case
5. The Respondent undertook to take up the Appellant’s matter and averred that it will facilitate their registration if they are compliant with the necessary NTSA Regulations.
6. The Respondent requested for the case to be mentioned in seven days so as to enable the Respondent to give an official update to the Tribunal on the progress of the Appellant’s matter. The Appellant, on the other hand, requested for the case to be mentioned in twenty one (21) days so as to give them ample time to comply with the Respondent’s regulations.
Ruling
7. The Tribunal notes, in this matter, that the Authority gave the Appellant the legitimate expectation that they would be de-registered only if they failed to comply with the stipulated provisions of the Legal Notice No. 23 of 2014 on Public Service Operations after fourteen (14) days from the date of the issued letter which was dated on the 22nd of October 2018. This undertaking was therefore not honoured by the Respondent as they later on deregistered the Appellant on the 27th of October 2018 which did not culminate into fourteen days from the 22nd of October 2018.
8. The Tribunal is of the considered opinion that the enforcement of regulations such as the Legal Notice No. 23 of 2014 can only meet the standards set under the Fair Administrative Action Act of 2015 if they are applied uniformly and without any bias.
9. The Tribunal also takes into account the undertaking given by the Respondent on their willingness to facilitate the registration of the Appellant if they are compliant with the requisite regulations.
10. Having considered the facts and the law applicable to this matter, the Transport Licensing Appeals Board hereby finds:
1. THAT the Appellant, Freestyle Connection Limited, be given twenty one (21) days from the date of this judgement to comply with the stipulated provisions of the NTSA.
2. THAT the Respondent, NTSA, erred by failing to honour their undertaking and should open the Appellant’s portal for vehicle registration to occur.
Delivered, dated, and signed in Narok by the Transport Licensing Appeals Board on this 15th day of February 2019.
Dick Waweru Chairman ……………………….
Prof. Kiarie Mwaura Member ……………………….
Aden Noor Ali Member ………………………..
Moses Parantai Member ……………………….