[2020] KETLABT 74 (KLR)
The Board found that the Appellant had satisfied all statutory requirements for the Category G endorsement, including age, experience, and possession of relevant training certificates. The Respondent did not contest the evidence or provide any lawful justification for failing to process the application. The Board...
Source-derived case information.
- Citation
- [2020] KETLABT 74 (KLR)
- Parties
- Appellant: Muhia Boniface Ndungu; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 3 of 2020
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Licensing Decisions, Administrative Action, Right to Fair Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muhia Boniface Ndungu
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Appellant is entitled to a Category G endorsement on his driving licence under the Traffic Act.
- 2 Whether the Respondent's failure to endorse the licence and update the Appellant's TIMS account was lawful.
Ratio Decidendi
The Board found that the Appellant had satisfied all statutory requirements for the Category G endorsement, including age, experience, and possession of relevant training certificates. The Respondent did not contest the evidence or provide any lawful justification for failing to process the application. The Board held that the Appellant was entitled to the endorsement as a matter of right under the Traffic Act, and that the Respondent's failure to act was unjustified. The Board ordered the Respondent to endorse the licence and update the Appellant's TIMS account within seven days, recognizing the Appellant's entitlement to the Category G endorsement and the adverse consequences suffered...
Court Disposition
appeal allowed
Orders
- The Appellant is entitled to a Category G endorsement on his licence and may use this order as proof of entitlement.
- The Respondent shall endorse the licence with Category G and update the Appellant’s TIMS account within seven days.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE TRANSPORT LICENSING APPEALS BOARD
AT NAIROBI
APPEAL NO. 03 OF 2020
MUHIA BONIFACE NDUNGU.............................................................APPELLANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY..............RESPONDENT
JUDGMENT
Introduction
1. The Appellant is a holder of a Class ABCE license issued by the Respondent and has been driving on the license for 15 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. On January 16, 2020, the Appellant made an application to the Respondent Authority for the endorsement of Category G on his license in order to enable him drive Motor Graders, Front Loaders and Excavators. The Respondent Authority acknowledged receipt of the application on 16th January 2020.
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 vehicles.
5. The Appellant argued that the Respondent did not respond to his application for the endorsement and also that they blatantly and/or willfully refused to endorse his driving license with the requested class as well as failed to update his TIMS account.
6. The Appellant averred that due to the failure of the Respondent Authority to endorse his license with Category G, he was unable to work in any organization and, as a result, could not support himself or his family financially.
7. The Appellant produced all the certificates of training from the Kenya Institute of Highways and Building Technology (KIHBT),which showed that he qualified for Category G endorsement.
8. The Appellant filed a Memorandum of Appeal dated 16th January 2020 and a letter addressed to the board on 16th January 2020.
Respondent’s Case
9. The Respondent Authority did not have an objection to the Appellant’s application.
10. The Respondent Authority stated that it will be guided by the orders of the Tribunal.
Determination
11. Given that the Appellant had proven his case and the Respondent did not counter the evidence adduced, the Transport Licensing Appeals Board hereby makes the following orders:
1. THAT the Appellant is entitled to a Category G endorsement on his licence and should use this order as proof of this entitlement.
2. THATthe Respondent endorses the licence with Category G and updates the Applellant’s TIMS account within seven days.
Delivered, dated, and signed in Nairobi by the Transport Licensing Appeals Board on this 28th day of August 2020.
Dick Waweru Chairman ....................................
Prof. Kiarie Mwaura Member ………………………
Moses ParantaiMember ………………………
Aden Noor Ali Member ……………………….
Betty Bii Member ……………………….