[2023] KETLABT 179 (KLR)
The Tribunal found that while NTSA had authority to regulate and enforce compliance in the public transport sector, the removal and impounding of the appellants' vehicles required adherence to due process and fairness. The Tribunal determined it lacked jurisdiction to award compensation or damages, as such powers...
Source-derived case information.
- Citation
- [2023] KETLABT 179 (KLR)
- Parties
- Appellant: Eluid Kerongo; Appellant: Festus Kairu; Appellant: Issac Ngatia; Respondent: Joseph Mathenge Kabiru; Respondent: Edward Ogega Nyaachi; Respondent: James Ochwoga Omeru; Respondent: Jesse Maina Macharia; Respondent: National Transport Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E002 of 2023
- Procedural Posture
- Civil Appeal / Order
- Outcome
- partly allowed
- Judges
- Joseph Mcdonald, Waithira Muiruri, James Ngomeli, Maryan Hajir
- Legal Topics
- Tribunal Jurisdiction, Public Transport Regulation, Vehicle Reinstatement, Release of Impounded Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eluid Kerongo
Appellant
Festus Kairu
Appellant
Issac Ngatia
Appellant
Joseph Mathenge Kabiru
Respondent
Edward Ogega Nyaachi
Respondent
James Ochwoga Omeru
Respondent
Jesse Maina Macharia
Respondent
National Transport Safety Authority
Respondent
Procedural Posture
Civil Appeal / Order
Legal Issues
- 1 Whether NTSA was justified in removing and impounding the appellants' vehicles.
- 2 Whether the Transport Licensing Appeals Board has jurisdiction to award compensation or damages.
- 3 Whether the appellants should be given time to comply with Sacco policies.
Ratio Decidendi
The Tribunal found that while NTSA had authority to regulate and enforce compliance in the public transport sector, the removal and impounding of the appellants' vehicles required adherence to due process and fairness. The Tribunal determined it lacked jurisdiction to award compensation or damages, as such powers were not conferred by its enabling statute. However, it ordered the reinstatement and release of the vehicles and granted the appellants a 30-day period to comply with Sacco policies, balancing regulatory enforcement with procedural fairness. Each party was ordered to bear its own costs.
Court Disposition
partly allowed
Orders
- NTSA should reinstate the removed vehicles with immediate effect.
- St Mary's vehicles currently impounded should be released with immediate effect.
Full Case Text
Judgment text and source record
33 paragraphs
Kerongo & 2 others v Kabiru & 4 others (Tribunal Case E002 of 2023) [2023] KETLABT 179 (KLR) (Civ) (28 March 2023) (Order)
Neutral citation: [2023] KETLABT 179 (KLR)
Republic of Kenya
In the Transport Licensing Appeals Board Tribunal
Civil
Tribunal Case E002 of 2023
Joseph Mcdonald, Ag. Chair, Waithira Muiruri, James Ngomeli & Maryan Hajir, Members
March 28, 2023
Between
Eluid Kerongo
1st Appellant
Festus Kairu
2nd Appellant
Issac Ngatia
3rd Appellant
and
Joseph Mathenge Kabiru
1st Respondent
Edward Ogega Nyaachi
2nd Respondent
James Ochwoga Omeru
3rd Respondent
Jesse Maina Macharia
4th Respondent
National Transport Safety Authority
5th Respondent
Order
Having considered the facts and the law applicable to this case, the Transport Licensing Appeals Board hereby makes the following orders: 1. That NTSA should reinstate the removed vehicles with immediate effect.
2. That St Mary's vehicles currently impounded should be released with immediate effect.
3. TLAB does not have jurisdiction to award compensation/damages.
4. That NTSA should give the appellants 30 days to comply with the Sacco's policies.
5. Each party should bear their own cost.
Delivered, dated, and signed in Nairobi by the Transport Licensing Appeals Board on this 28 day of March, 2023. Joseph McDonald Ag.Chairman ………………………Maryan Hajir Member ..................................Waithira Muiruri Member .………………………James Ngomeli Member ……………………….