[2019] KETLABT 94 (KLR)
The Board found that the Appellant had been previously issued with a license endorsed for Class ABCEFG, as evidenced by the original hard copy license produced and verified during the proceedings. The Respondent did not contest the Appellant's entitlement. Therefore, the Board held that the Appellant is entitled to...
Source-derived case information.
- Citation
- [2019] KETLABT 94 (KLR)
- Parties
- Appellant: Olisson Gaithuma Mwaura; Respondent: National Transport and Safety Authority
- Court
- Transport Licensing Appeals Board Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal 24 of 2019
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed.
- Legal Topics
- Licensing Disputes, Road Transport Regulation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Olisson Gaithuma Mwaura
Appellant
National Transport and Safety Authority
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Appellant is entitled to the endorsement of Class ABCEFG in his driving license.
- 2 Whether the Respondent should update the Appellant's digital license to reflect the correct class endorsements.
Ratio Decidendi
The Board found that the Appellant had been previously issued with a license endorsed for Class ABCEFG, as evidenced by the original hard copy license produced and verified during the proceedings. The Respondent did not contest the Appellant's entitlement. Therefore, the Board held that the Appellant is entitled to the endorsement of Class ABCEFG in both the physical and digital versions of his license. The Respondent is obligated to update the digital license to accurately reflect these endorsements within a specified period.
Court Disposition
Appeal allowed.
Orders
- The Appellant is entitled to the endorsement of Class ABCEFG in his license and may use this order as proof of entitlement.
- The Respondent shall endorse Class ABCEFG in the digital license of the Appellant within seven days.
Full Case Text
Judgment text and source record
21 paragraphs
TRANSPORT LICENSING APPEALS BOARD
APPEAL NO. 024 OF 2019
OLISSON GAITHUMA MWAURA ………………………………APPELLANT
VERSUS
NATIONAL TRANSPORT AND SAFETY AUTHORITY ………RESPONDENT
JUDGMENT
Introduction
1. The Appellant is a holder of a ABCEFG license issued by the Respondent. He has been driving under the license for more than ten 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 in July 2019 for the issuance of a digital license but the online system indicated that he was only entitled to Class FG license. However, the Appellant averred that he was entitled to Class ABCEFG license, as he had been issued with this by the Respondent. Indeed, the hard copy of his license indicated that he had endorsement for Class ABCEFG. He produced the original license and the Tribunal verified that he actually had these endorsements.
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 ABCEFG in his license and should use this order as proof of this entitlement.
2. THATthe Respondent endorses Class ABCEFG in the digital license of the Appellant within seven days.
Delivered, dated, and signed in Nairobi by the Transport Licensing Appeals Board on this 13th day of August 2019.
Dick Waweru Chairman .....................................
Prof. Kiarie MwauraMember ………………………
Aden Noor AliMember ………………………