[2021] KETLABT 190 (KLR)
The Board found that the appellant had satisfactorily demonstrated possession of a valid physical driving licence with class A & I endorsement for 28 years. The NTSA failed to provide any evidence that the licence was forged or invalid. In the absence of such evidence, the omission of class A & I from the...
Source-derived case information.
- Citation
- [2021] KETLABT 190 (KLR)
- Parties
- Appellant: Joseph Nyamai Munywoki; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 01 of 2020
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Licensing Authority Powers, Driving Licence Endorsement, Administrative Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Nyamai Munywoki
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the appellant is entitled to have class A & I endorsement reflected on his smart driving licence.
- 2 Whether NTSA was justified in omitting class A & I from the appellant's smart driving licence.
Ratio Decidendi
The Board found that the appellant had satisfactorily demonstrated possession of a valid physical driving licence with class A & I endorsement for 28 years. The NTSA failed to provide any evidence that the licence was forged or invalid. In the absence of such evidence, the omission of class A & I from the appellant's smart driving licence was unjustified. The Board held that the appellant is entitled to have the correct endorsement reflected on his smart driving licence and directed NTSA to update the licence accordingly within seven days.
Court Disposition
appeal allowed
Orders
- The appellant is entitled to the endorsement of class A & I in his licence and may use this order as proof of entitlement.
- NTSA shall update the appellant’s smart driving licence with class A & I endorsement within seven days of this order.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
TRANSPORT LICENSING APPEALS BOARD
APPEAL NO. 01 OF 2020
JOSEPH NYAMAI MUNYWOKI......................................................APPELLANT
-VERSUS-
NATIONAL TRANSPORT AND SAFETY AUTHORITY...........RESPONDENT
JUDGMENT
Introduction
1. The Appellant is a holder of a class A & I license issued by the Respondent. He has been driving under the license for the last 28 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 to 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 has been driving for 28 years and has been using a physical license showing that he has class A & I endorsement. This license was produced as evidence in court.
4. When he applied for a smart driving license, class A & I was omitted.
5. He indicated that he was likely to lose his job if the details of smart driving license were not updated to capture class A & I.
NTSA’s Case
6. Upon being presented with the physical driving license, NTSA did not prove that it was forgery.
Determination
7. The Appellant proved to the satisfaction of TLAB that he had been driving for 28 years and that the physical license that he has been using had a class A & I endorsement.
8. Having considered the facts, evidence adduced and the relevant law, the Transport Licensing Appeals Board hereby makes the following orders:
1. That the Appellant is entitled to the endorsement of class A & I in his licence and should use this order as proof of that entitlement.
2. That NTSA should update the Appellant’s smart driving licence with class class A & I endorsement within seven (7) days of this order.
3. That the order be served upon NTSA and the Traffic Commandant.
DELIVERED, DATED, AND SIGNED IN NAIROBI BY THE TRANSPORT LICENSING APPEALS BOARD ON THIS 27THDAY OF SEPTEMBER 2020.
Dick Waweru Chairman .........................................
Prof. Kiarie Mwaura Member .........................................
Moses Parantai Member .........................................
Aden Noor Ali Member ..........................................
Betty Chepng’etich Bii Member .........................................