[2024] KETLABT 472 (KLR)
The Tribunal found that the appellant had demonstrated, through his old driving license, that he was previously licensed to drive the special type class of vehicles. The law requires that all classes previously endorsed must be carried forward to the new smart driving license. The respondent failed to provide any...
Source-derived case information.
- Citation
- [2024] KETLABT 472 (KLR)
- Parties
- Appellant: Stephen Mukemba Mathenge; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal E026 of 2023
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal_allowed
- Judges
- A Kamotho, Joseph Mcdonald, Maryan Hajir, James Ngomeli, Waithira Muiruri
- Legal Topics
- Driving License Endorsement, Public Authority Duties, Licensing Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Mukemba Mathenge
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant is entitled to reinstatement of the special type class on his smart driving license.
- 2 Whether the respondent had a legal duty to include all previously endorsed classes in the new smart driving license.
Ratio Decidendi
The Tribunal found that the appellant had demonstrated, through his old driving license, that he was previously licensed to drive the special type class of vehicles. The law requires that all classes previously endorsed must be carried forward to the new smart driving license. The respondent failed to provide any justification for omitting the special type class. Therefore, the Tribunal concluded that the appellant was entitled to have the missing class reinstated, and the respondent was under a statutory duty to do so. The appeal was allowed, and the respondent was ordered to reinstate all missing licensing classes on the appellant's smart driving license.
Court Disposition
appeal_allowed
Orders
- The respondent shall forthwith reinstate all the missing/omitted licensing classes on the appellant’s smart driving license.
- Each party shall bear own costs.
Full Case Text
Judgment text and source record
26 paragraphs
Mathenge v National Transport and Safety Authority (Appeal E026 of 2023) [2024] KETLABT 472 (KLR) (28 February 2024) (Judgment)
Neutral citation: [2024] KETLABT 472 (KLR)
Republic of Kenya
In the Transport Licensing Appeals Board Tribunal
Appeal E026 of 2023
A Kamotho, Chair, Joseph Mcdonald, Maryan Hajir, James Ngomeli & Waithira Muiruri, Members
February 28, 2024
Between
Stephen Mukemba Mathenge
Appellant
and
National Transport and Safety Authority
Respondent
Judgment
Introduction 1. The appellant, Stephen Mukemba Mathenge is a male adult of identification number 21713953 residing in Nyeri County.
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 is inter alia mandate 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; implement policies relating to road transport and safety; plan, manage and regulate the road transport system in accordance with the provision of the NTSA act; as well as to ensure the provision of safe, reliable and efficient road transport services.
Appellant’s Case. 3. The appellant filed a memorandum of appeal at the Transport Licensing Appeals Tribunal on 5th December, 2023 claiming that the respondent had omitted special type class on his smart driving license yet the same had been endorsed in his old driving license.
4. He sought to have the National Transport and Safety Authority compelled to reinstate the missing class in his smart driving license.
Respondent’s case. 5. The respondent authority did not enter objection to the appellant’s appeal.
Issues for Determination. 6. The issue that renders itself for determination is whether the appellant has adduced enough evidence to demonstrate entitlement to the missing classes of licensing.
Analysis and Determination. Whether the appellant had adduced enough evidence. 7. Section 33(1) of the Traffic Act provides that:any person who satisfies the licensing officer that he has, beforethe commencement of this Act, been in possession of a license authorizing himto drive a motor vehicle in Kenya shall, subject to subsection (2) of section 31,notwithstanding the provisions of this section, be entitled to receive a license in respect of the same class or description of vehicles which he is by such license authorized to drive.
8. In this matter, the appellant, in his old driving license was licensed to drive the special type class of vehicles as duly stamped and endorsed by the respondent on his driving license.
9. Section 82 of The Traffic Act states that:On the issue of a driving license or provisional driving license to any person, the particulars endorsed on any previous license held by him shall be inserted in the new license, unless he has previously become entitled under section 84 to the issue of a license free from endorsement.
10. The appellant having proved that the missing particulars in his smart driving license were existing in his old driving license, he is as matter of justice entitled to the same. As such, the respondent has a duty to include the missing classes in the appellant’s smart driving license.
Orders. 11Accordingly, based on the facts and law applicable to this case, the Transport Licensing Appeals Board hereby makes the following ORDER:a.The respondent shall forthwith reinstate all the missing/omitted licensing classes on the appellant’s smart driving license.b.Each party shall bear own costs
DELIVERED VIRTUALLY BY THE TRANSPORT LICENSING LICENSING APPEALS BOARD ON THIS…28TH…. DAY OF…FEBRUARY….2024. DR. ADRIAN KAMOTHO. - CHAIRPERSONJOSEPH MCDONALD - MEMBER.MARYAN HAJIR - MEMBER.JAMES NGOMELI - MEMBERWAITHIRA MUIRURI - MEMBER