[2023] KETLABT 424 (KLR)

Metro Magnum Organization Group Limited v National Transport & Safety Authority & 3 others (Appeal E012 of 2023) [2023] KETLABT 424 (KLR) (Civ) (27 June 2023) (Directions)

Neutral citation: [2023] KETLABT 424 (KLR)

Republic of Kenya

In the Transport Licensing Appeals Board Tribunal

Civil

Appeal E012 of 2023

Adrian Kamotho, Chair

June 27, 2023

Between

Metro Magnum Organization Group Limited

Appellant

and

National Transport & Safety Authority

1st Respondent

Menadi Miami Organization Group Company Limited

2nd Respondent

Nairobi City County Government

3rd Respondent

Chief Officer Mobility, Nairobi City County Government

4th Respondent

Directions

1. This matter is coming up before Dr. Adrian Kamotho, Chairperson Transport Licensing Appeals Board for directions on the Notice of Motion application dated 16th June 2023 filed under Certificate of Urgency together with the Supporting Affidavit sworn by Benjamin Kimuyu Mutiso on behalf of the applicant and the annexures Hereto: It is hereby ordered;1. That the Notice of Motion application dated 16th June 2023 is hereby certified urgent for consideration ex-parte in the first instance only;2. That the Memorandum of Appeal and Notice of Motion application dated 16th June 2023 be served upon the Respondents immediately and a return of service be filed;3. That the Respondents to file their responses within five (5) days from the date of service upon them of the pleadings herein;4. That the Appellant/ Applicant shall be at liberty to file any supplementary responses within three (3) days of service;5. That pending the hearing and determination of the application herein, this Tribunal hereby issues orders in terms of prayer Number two (2) of the Notice of Motion date 16th June 2023;[2]“A temporary injuction do issue, pending the hearing and determination of this Motion, restraining the Respondents, by themselves, their servants, agents, officers of the Nairobi City County Inspectorate and Enforcement Department, by the 3rs Respondent’s Chief of Mobility for the time being known as Boniface Nyamu, or otherwise howsoever, from obstructing, blocking and/or preventing the Appellant from using and accessing the PSV passenger picking and drop off point along Tom Mboya Street, and from harassing the Appellant (Metro Magnum Organization Group Limited) in its lawful PSV operations as duly licensed by the 1st Respondent NTSA to so operate along its RSL route using Tom Mboya street, and, from blocking and further blocking the Appellant’s use of the said slot along Tom Mboya Street, and such of the lawfully licensed and authorized PSV pick up and drop off points for the licensed RSL issued to Metro Magnum Organization Group Limited, or otherwise howsoever interfering with the PSV operations of Metro Magnum Organization Group Limited, along its lawfully licensed Road Service route of Tom Mboya-Mfangano-Kariokor-Gikomba-Pumwani-Eastleigh-Jogoo Rd-Outerring Rd-Kangundo Rd-Mowlem-Komarock-Alssops-Mwihoko-Pangani-Fig Tree-Eastern Bypass and back”6. That the orders herein be extracted and served upon the Respondents;7. That the orders herein issued are to be strictly enforced by the Officer Commanding Station (OCS) Kamkunji Police Station, under the supervision and direction of the Officer Commanding Police Division (OCPD), Central Police Station, Nairobi City County;8. That the Notice of Motion Application dated 16th June 2023 be heard inter-parties on the 5th July 2023.

DATE: 27TH JUNE 2023 SIGNATURE:DR. ADRIAN KAMOTHO(CHAIRPERSON-TLAB)