[2021] KETLABT 307 (KLR)
The Board found that the appellant had demonstrated a prima facie case for the grant of interim relief, given the admitted discrepancy in vehicle numbers and the appellant's undertaking to update the portal within 21 days. The closure of the portal, if left unaddressed, could cause undue hardship to the appellant...
Source-derived case information.
- Citation
- [2021] KETLABT 307 (KLR)
- Parties
- Appellant: Modern Premium Sacco; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Tribunal Appeal 18 of 2020
- Procedural Posture
- Appeal / Interlocutory Application for Temporary Orders Pending Hearing
- Outcome
- interim orders granted pending hearing and determination of the appeal
- Legal Topics
- Licensing Disputes, Public Service Vehicle Regulation, Administrative Action, Interim Orders
- 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 Pending Hearing
Legal Issues
- 1 Whether the closure of the appellant's portal by the respondent was justified pending the resolution of the licensing discrepancy.
- 2 Whether the appellant is entitled to interim relief to have its portal reopened pending the hearing and determination of the appeal.
Ratio Decidendi
The Board found that the appellant had demonstrated a prima facie case for the grant of interim relief, given the admitted discrepancy in vehicle numbers and the appellant's undertaking to update the portal within 21 days. The closure of the portal, if left unaddressed, could cause undue hardship to the appellant and its members. The Board exercised its discretion to order the reopening of the portal for a limited period to allow the appellant to regularize its records, pending the full hearing and determination of the appeal.
Court Disposition
interim orders granted pending hearing and determination of the appeal
Orders
- NTSA is ordered to open the portal of Modern Premium Sacco for a period of 21 days pending the hearing and determination of this suit.
Full Case Text
Judgment text and source record
23 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 August 25, 2021 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 Appellant contended that their Sacco had complied with all licensing conditions by the time the portal was closed in early July of 2021. They confirmed that the Sacco had 34 vehicles and not 71 as contended by NTSA. It was the Appellant’s case that this discrepancy could have led to the unwarranted closure of the portal by NTSA.
4. The Appellant undertook to update the portal with all the required information within 21 days.
The Respondent’s Case
The Respondent confirmed that there was a discrepancy in the total number of vehicles associated with Modern Premium Sacco.
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, NTSA is ordered to open the portal of Modern Premium Sacco for a period of 21 days.
DELIVERED, DATED, AND SIGNED IN NAIROBI BY THE TRANSPORT LICENSING APPEALS BOARD ON THIS 1ST OF SEPTEMBER, 2021
DICK WAWERU CHAIRMAN ……………………….
PROF. KIARIE MWAURA MEMBER ………………………..
BETTY CHEPNG’ETICH BII MEMBER ……………………….
ADEN NOOR MEMBER ……………………….
MOSES PARANTAI MEMBER ………………………..