[2023] KETLABT 176 (KLR)
The Tribunal determined that for regulatory compliance and fairness, each company must maintain its own Road Service License (RSL) and Saccos must have their own credentials to the NTSA portal, with no party holding both sets of credentials. The Tribunal affirmed the right of drivers to associate with any Sacco,...
Source-derived case information.
- Citation
- [2023] KETLABT 176 (KLR)
- Parties
- Appellant: Menadi Orgz Group Company Limited; Respondent: National Transport Safety Authority; Respondent: Metro Magnum Orgz Group Limited
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Case E052 of 2022
- Procedural Posture
- Civil Appeal / Order
- Outcome
- Orders issued as per the Tribunal's findings; each party to bear its own costs.
- Judges
- Joseph Mcdonald, Maryan Hajir, Waithira Muiruri, James Ngomeli
- Legal Topics
- Transport Licensing, Regulatory Compliance, Corporate Governance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Menadi Orgz Group Company Limited
Appellant
National Transport Safety Authority
Respondent
Metro Magnum Orgz Group Limited
Respondent
Procedural Posture
Civil Appeal / Order
Legal Issues
- 1 Whether each company must maintain its own Road Service License (RSL).
- 2 Whether Saccos and companies should have separate credentials to the NTSA portal for fairness.
- 3 Whether drivers are free to associate with any Sacco subject to proper procedures.
Ratio Decidendi
The Tribunal determined that for regulatory compliance and fairness, each company must maintain its own Road Service License (RSL) and Saccos must have their own credentials to the NTSA portal, with no party holding both sets of credentials. The Tribunal affirmed the right of drivers to associate with any Sacco, provided proper procedures are followed. It also held that it lacked jurisdiction to adjudicate disputes concerning the directorship of the companies involved. Each party was ordered to bear its own costs.
Court Disposition
Orders issued as per the Tribunal's findings; each party to bear its own costs.
Orders
- Every company to maintain their Road Service License (RSL).
- Each Sacco to have their own credentials to the NTSA portal; no party should have both credentials for fairness.
Full Case Text
Judgment text and source record
23 paragraphs
Menadi Orgz Group Company Limited v National Transport Safety Authority & another (Tribunal Case E052 of 2022) [2023] KETLABT 176 (KLR) (Civ) (28 March 2023) (Order)
Neutral citation: [2023] KETLABT 176 (KLR)
Republic of Kenya
In the Transport Licensing Appeals Board Tribunal
Civil
Tribunal Case E052 of 2022
Joseph Mcdonald, Ag. Chair, Maryan Hajir, Waithira Muiruri & James Ngomeli, Members
March 28, 2023
Between
Menadi Orgz Group Company Limited
Appellant
and
National Transport Safety Authority
1st Respondent
Metro Magnum Orgz Group Limited
2nd 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 Every Company to maintain their RSL.
2. That Each Sacco to have there on Credentials to NTSA Portal. No party should have both Credentials to the Portal for fairness Purposes.
3. That Drivers are free to Associate with any Sacco, so long as proper procedures are followed.
4. That TLAB has no Jurisdiction to determine issues of Directorship of both Companies.
5. Each party to 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 ……………………….