[2019] KETLABT 97 (KLR)
The Board found that the appellant satisfied all statutory requirements for the endorsement of Class A/J in his driving license, including age, experience, and good conduct. There was no objection from the respondent, and no evidence of any disqualifying criminal or traffic record. The Board concluded that the...
Source-derived case information.
- Citation
- [2019] KETLABT 97 (KLR)
- Parties
- Appellant: Michael Mwaniki Ngugi; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 23 of 2019
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Licensing Decisions, Road Transport Regulation, Public Service Vehicle Permits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Mwaniki Ngugi
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the appellant is entitled to the endorsement of Class A/J in his driving license to enable him to drive a PSV cab.
- 2 Whether the appellant has complied with the statutory requirements under section 33 of the Traffic Act for such endorsement.
Ratio Decidendi
The Board found that the appellant satisfied all statutory requirements for the endorsement of Class A/J in his driving license, including age, experience, and good conduct. There was no objection from the respondent, and no evidence of any disqualifying criminal or traffic record. The Board concluded that the appellant is entitled to the endorsement and directed the respondent to effect the endorsement within seven days.
Court Disposition
appeal allowed
Orders
- The appellant is entitled to the endorsement of Class A/J in his license and may use this order as proof of entitlement.
- The respondent shall endorse Class A/J in the license of the appellant within seven days.
Full Case Text
Judgment text and source record
23 paragraphs
TRANSPORT LICENSING APPEALS BOARD
APPEAL NO. 023 OF 2019
MICHAEL MWANIKI NGUGI …….…...............................………APPELLANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY……RESPONDENT
JUDGMENT
Introduction
1. The Appellant is a holder of a BCE license issued by the Respondent. He has been driving under the license for the last twenty two years.
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 has the responsibility to: advise and make recommendations to the Cabinet Secretary on matters relating to road transport and safety, implement policies relating road transport and safety; plan, manage and regulate the road transport system; ensure the provision of safe, reliable, and efficient road transport services and to administer the Traffic Act.
Appellant’s Case
3. The Appellant made an application to the Respondent dated June 10, 2019 for the endorsement of Class A/J in his license in order to enable him drive a PSV cab. The Respondent acknowledged receipt of the application on June 10, 2019.
4. The Appellant averred that he had complied with section 33 of the Traffic Act (Cap 403), which requires one to be over twenty four years and to have held, for more than four years, a license endorsed in respect of motor cars or commercial vehicle.
5. The Appellant produced his certificate of good conduct and averred that he had no record of criminal or traffic offences.
Respondent’s Case
The Respondent Authority, did not have an objection to the Appellant’s application.
Determination
Following the arguments adduced during the trial, the Transport Licensing Appeals Board hereby makes the following orders:
1. THAT the Appellant is entitled to the endorsement of Class A/J in his license and should use this order as proof of this entitlement.
2. THATthe Respondent endorses Class A/J in the license of the Appellant within seven days.
Delivered, dated, and signed in Nairobi by the Transport Licensing Appeals Board on this 22nd day of July 2019.
Dick Waweru Chairman .....................................
Prof. Kiarie Mwaura Member ....................................
Moses ParantaiMember ………………………