[2020] KETLABT 25 (KLR)
The Board found that the Appellant had established a prima facie case for the grant of interim orders, particularly as the Respondent failed to file any defence or response to the application. The closure of the Appellant's portal without due process raised serious questions regarding the right to fair...
Source-derived case information.
- Citation
- [2020] KETLABT 25 (KLR)
- Parties
- Appellant: Modern Premium Sacco; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 18 of 2020
- Procedural Posture
- Appeal / Interlocutory Application for Temporary Orders
- Outcome
- Interim orders granted in favour of the Appellant pending hearing and determination of the appeal.
- Legal Topics
- Judicial Review of Administrative Action, Public Service Vehicle Licensing, Interim Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Modern Premium Sacco
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Appeal / Interlocutory Application for Temporary Orders
Legal Issues
- 1 Whether the Respondent was justified in closing the Appellant's portal without due process.
- 2 Whether the Appellant is entitled to interim orders reopening the portal and restraining impounding of its vehicles pending determination of the appeal.
Ratio Decidendi
The Board found that the Appellant had established a prima facie case for the grant of interim orders, particularly as the Respondent failed to file any defence or response to the application. The closure of the Appellant's portal without due process raised serious questions regarding the right to fair administrative action. To prevent further prejudice to the Appellant and maintain the status quo pending the hearing and determination of the appeal, the Board granted the orders sought, directing the Respondent to immediately reopen the Appellant's portal and restraining it from impounding the Appellant's vehicles on the basis of the disputed circumstances.
Court Disposition
Interim orders granted in favour of the Appellant pending hearing and determination of the appeal.
Orders
- The Respondent is ordered to open the portal of the Appellant with immediate effect.
- The Respondent, whether by itself or its representatives, servants or agents, is restrained from impounding the Sacco’s vehicles on the basis of circumstances arising from this suit.
Full Case Text
Judgment text and source record
20 paragraphs
TRANSPORT LICENSING APPEALS BOARD
APPEAL NO. 18 OF 2020
MODERN PREMIUM SACCO...................................................APPELLANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY....RESPONDENT
RULING
Introduction
1. The Appellant is a cooperative society that is registered under the Co-operative Societies Act (Cap 490) and is licensed by the Respondent Authority to operate public service vehicles.
2. The Respondent, National Transport and Safety Authority, 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.
The Appellant’s Case
3. Pending the hearing and determination of this matter, the Appellant appeared in court on October 30, 2020 and applied for a temporary order to lift the closure of their portal and restrain the Respondent, or its agents or representatives, from impounding their vehicles.
4. The case that the Appellant has filed at the Transport Licensing Appeals Board arose as a result of the closure of the portal by the Respondent in May 2020. The Respondent entered appearance and was given seven (7) days to file their defence before the Board could consider the Appellant’s application for a temporary order.
The Respondent’s Case
The Respondent did not file a defence nor a response to the appellant’s application for a stay order.
Having considered the facts and the law applicable to this matter, the Transport Licensing Appeals Board makes the following orders:
THAT, pending the hearing and determination of this suit, the Respondent is ordered to open the portal of the Appellant with immediate effect and the Respondent, whether by itself or its representatives, servants or agents, is restrained from impounding the Sacco’s vehicles on the basis of circumstances arising from this suit.
DELIVERED, DATED, AND SIGNED IN NAIROBI BY THE TRANSPORT LICENSING APPEALS BOARD ON THIS 9TH OF NOVEMBER, 2020.
DICK WAWERU …………………………………………. CHAIRMAN
MOSES PARANTAI ………………………………………… MEMBER
PROF. KIARIE MWAURA ……………………………………… MEMBER