[2019] KETLABT 91 (KLR)
The Transport Licensing Appeals Board adopted the consent judgment as the operative resolution of the dispute, based on the mutual agreement of the parties. The Board recognized that the respondent's undertakings to update the license, issue PSV badges, renew the expired RSL, and consider exemptions for conductors,...
Source-derived case information.
- Citation
- [2019] KETLABT 91 (KLR)
- Parties
- Appellant: Kitale Link Sacco Ltd; Appellant: Trans West Sacco Ltd; Respondent: The National Transport & Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Appeal 9 of 2019
- Procedural Posture
- Appeal / Consent Judgment
- Outcome
- consent_judgment_entered
- Legal Topics
- Public Service Vehicle Licensing, Regulatory Compliance, Administrative Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kitale Link Sacco Ltd
Appellant
Trans West Sacco Ltd
Appellant
The National Transport & Safety Authority
Respondent
Procedural Posture
Appeal / Consent Judgment
Legal Issues
- 1 Whether the respondent should update the appellant's Class ‘A’ license immediately.
- 2 Whether the respondent should issue the remaining PSV badges for conductors and drivers within two days.
- 3 Whether exemption for conductors should be discussed and communicated to the appellant.
Ratio Decidendi
The Transport Licensing Appeals Board adopted the consent judgment as the operative resolution of the dispute, based on the mutual agreement of the parties. The Board recognized that the respondent's undertakings to update the license, issue PSV badges, renew the expired RSL, and consider exemptions for conductors, subject to submission of required documents and committee review, resolved all outstanding issues. The consent judgment was thus entered as the final disposition, binding both parties to the agreed terms.
Court Disposition
consent_judgment_entered
Orders
- The respondent shall update the appellant's Class ‘A’ license (Mang’ong’o Leslie Daniel) immediately.
- The respondent shall issue the remaining PSV badges for conductors and drivers within two days.
Full Case Text
Judgment text and source record
25 paragraphs
IN THE TRANSPORT LICENSING APPEALS BOARD
AT KITALE
APPEAL CASE NO. 09 OF 2019
KITALE LINK SACCO LTD AND TRANS WEST SACCO LTD.................APPELLANT
VERSUS
THE NATIONAL TRANSPORT & SAFETY AUTHORITY .....................RESPONDENT
CONSENT JUDGMENT
TERMS OF JUDGMENT
1. THAT the Respondent agreed with the Appellant that Class ‘A’ license of the Appellant (Mang’ong’o Leslie Daniel) will be updated immediately.
2. THAT the remaining PSV badges for conductors and drivers will be issued within two (2) days.
3. THAT exemption for conductors will be tabled for discussion on 4th April, 2019 before the Transport Committee, thereafter the outcome will be communicated to the appellant a day after.
4. THAT one (1) vehicle belonging to Kitale Link whose RSL had expired will be renewed within three (3) days.
5. THAT Transwest Sacco Ltd to submit business permit and their fleet management details so as to facilitate the exemption of their conductors.
SIGNATURES
1. Signature of or on behalf of the Appellant……………………………………
Date ………………………………..........
2. Signature of or on behalf of the Respondent …………………………………..
Date ……………………………………………………
Signed and dated at Kitale Law Courts by the Transport Licensing Appeals
Board on this 10th day of July 2019.
Dick Waweru Chairman ………………………
Prof. Kiarie Mwaura Member ………………………..
Aden Noor Ali Member ……………………….
Betty Chepng’etich Bii Member ……………………….
Moses Parantai Member ……………………….