[2019] KETLABT 89 (KLR)
The Board found that the Respondent had failed to comply with its judgment and orders, specifically the directive to respond to the Appellant's application for a route extension within the stipulated period. The Board held that this non-compliance constituted sufficient reason to review and enforce its previous...
Source-derived case information.
- Citation
- [2019] KETLABT 89 (KLR)
- Parties
- Appellant: Kinatwa Sacco; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 019 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application for Review of Order
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Compliance With Court Orders, Route Extension Licensing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinatwa Sacco
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Review of Order
Legal Issues
- 1 Whether the Respondent failed to comply with the Board's judgment and orders.
- 2 Whether sufficient grounds exist for the Board to review and compel compliance with its previous order regarding the route extension.
Ratio Decidendi
The Board found that the Respondent had failed to comply with its judgment and orders, specifically the directive to respond to the Appellant's application for a route extension within the stipulated period. The Board held that this non-compliance constituted sufficient reason to review and enforce its previous order. Guided by section 80 of the Civil Procedure Act and Order 45, Rule 1 of the Civil Procedure Rules, 2010, the Board determined that the Appellant's application was merited. The Board therefore compelled the Respondent to grant the requested route extension and directed that the order be served on both the Respondent and the Traffic Commandant to ensure implementation until...
Court Disposition
application allowed
Orders
- The Respondent is hereby compelled to grant the Appellant the route extension applied for, namely: Nairobi- Kitui- Mwingi- Makueni- Mombasa and back.
- This Order be served upon the Respondent and the Traffic Commandant, to ensure Kinatwa Sacco is allowed to ply the new route until the Respondent registers its route extension and issues its vehicles with the requisite Road Service Licences (RSLs).
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE TRANSPORT LICENSING APPEALS BOARD AT MACHAKOS
APPEAL CASE NO 019 OF 2019
KINATWA SACCO.....................................................APPELLANT/APPLICANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY...........RESPONDENT
RULING
1. This ruling determines the Appellant’s application dated 26th August, 2019 in which, the Applicant sought a review of order number two (2) as granted by the Board in its judgment dated 16th August, 2019.
2. In the application, the Appellant prayed for an order compelling the Respondent to grant the application for the route extension sought, that is, Nairobi- Kitui- Mwingi- Makueni- Mombasa and back.
3. The application was supported by the grounds stated on the face of the Notice of Motion and the Supporting Affidavit of Clinton Wambua sworn on 26th August, 2019. The grounds in support of the application were:
i. That the Respondent had failed to comply with the court orders.
ii.That the Respondent was hell-bent on obstructing justice by causing unnecessary delay.
iii. That, from the onset, the Respondent had been reluctant to fairly administer justice.
4. This Board was guided by the provisions of section 80 of the Civil Procedure Act and Order 45, Rule 1 of the Civil Procedure Rules, 2010, both of which provide that a court can review its orders if there were sufficient reasons to do so.
5. The Applicant submitted that the Respondent had failed to comply with this court’s judgment delivered on 16th August, 2019 particularly, order number two (2) which provided:
“THATthe Respondent responds to the Appellant’s original application for route extension, that is, Nairobi- Kitui- Mwingi- Makueni- Mombasa and back, within seven (7) days of this judgment.”
The Transport Licensing Appeals Board finds that the Appellant’s application was merited, as the Respondent had failed to comply with the Board’s orders. As a result, the Board makes the following orders:
1. THAT the Respondent is hereby compelled to grant the Appellant the route extension applied for, namely: Nairobi- Kitui- Mwingi- Makueni- Mombasa and back.
2. THATthis Order be served upon the Respondent and the Traffic Commandant, with a view to ensuring that Kinatwa Sacco is allowed to ply the new route until the Respondent registers its route extension and issues its vehicles with the requisite Road Service Licences (RSLs).
Delivered, dated, and signed in Machakos by the Transport Licensing Appeals Board on this 9thday of September, 2019
Dick Waweru Chairman .........................
Prof. Kiarie Mwaura Member ..........................
Moses ParantaiMember ..........................
Aden Noor Ali Member .........................