[2019] KETLABT 80 (KLR)
The Board found that the respondent, NTSA, failed to act reasonably by delaying the issuance of a duplicate license to the appellant for almost one year. This delay was held to be contrary to Article 47 of the Constitution of Kenya 2010 and the Fair Administrative Action Act, which guarantee the right to fair,...
Source-derived case information.
- Citation
- [2019] KETLABT 80 (KLR)
- Parties
- Appellant: Mohamed Abdi; Respondent: National Transport & Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 14 of 2018
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed.
- Legal Topics
- Fair Administrative Action, Delay in Licensing, Right to Reasonable Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Abdi
Appellant
National Transport & Safety Authority
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the delay by NTSA in issuing a duplicate license to the appellant was reasonable under the circumstances.
Ratio Decidendi
The Board found that the respondent, NTSA, failed to act reasonably by delaying the issuance of a duplicate license to the appellant for almost one year. This delay was held to be contrary to Article 47 of the Constitution of Kenya 2010 and the Fair Administrative Action Act, which guarantee the right to fair, efficient, and reasonable administrative action. The Board concluded that such a prolonged delay was unjustified and ordered NTSA to issue the duplicate license within seven days.
Court Disposition
Appeal allowed.
Orders
- The respondent, NTSA, acted unreasonably in failing to expedite the issuance of a duplicate license to the appellant.
- The respondent, NTSA, shall issue the duplicate license to the appellant within seven (7) days of this judgment.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
TRANSPORT LICENSING APPEALS BOARD AT ISIOLO
APPEAL CASE NO 14 OF 2018
MOHAMED ABDI.................................................................................APPELLANT
VERSUS
THE NATIONAL TRANSPORT & SAFETY AUTHORITY.........RESPONDENT
JUDGMENT
Introduction
1. The Appellant is a retired civil servant, who is now involved in the business of driving vehicles. 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 the 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 Appellants Case
2. The Appellant applied for a duplicate license on 28 February of 2018 and was issued with a receipt number DPL-AIC831. His original licensed had been issued in August 1978, but had become defaced. As a result, it had become difficult for him to earn a livelihood through driving given that he often got into problems with the police owing to his defaced license.
3. After applying for the duplicate license, he visited NTSA’s offices in February and May 2018, but had not succeeded to get the license. Besides, NTSA had not responded to him.
The Respondent’s Case
4. The Respondent did not appear at the hearing.
Determination
5. Following the arguments adduced in trial, the Transport Licensing Appeals Board has isolated the following issue to be the one requiring a determination: whether the delay on the part of NTSA was reasonable?
6. It is the case that Article 47 of the Constitution of Kenya 2010 guarantees every person the right to administrative action that is fair, efficient, and reasonable. This constitutional provision is implemented through the Fair Administrative Action Act of 2015.
7. We find that a delay of almost one year cannot be said to be reasonable in the circumstances of this case.
8. Having considered the facts and the law applicable to this matter, the Transport Licensing Appeals Board hereby finds:
1. THAT the Respondent, NTSA, acted unreasonably in failing to expedite the issuance of a duplicate license to the Appellant.
2. THAT the Respondent, NTSA, issues the license within seven (7) days of this Judgment.
Delivered, dated, and signed in Isiolo by the Transport Licensing Appeals Board on this 22nd day of January 2019.
Dick Waweru Chairman ……………………….
Aden Noor Ali Member ………………………..
Betty Bii Member ……………………….
Moses Parantai Member ……………………….
Prof. Kiarie Mwaura Member ……………………….