[2024] KETLABT 326 (KLR)

Wambui v National Transport and Safety Authority (Appeal E003 of 2024) [2024] KETLABT 326 (KLR) (4 March 2024) (Judgment)

Neutral citation: [2024] KETLABT 326 (KLR)

Republic of Kenya

In the Transport Licensing Appeals Board Tribunal

Appeal E003 of 2024

A Kamotho, Chair, Joseph Mcdonald, Maryan Hajir, James Ngomeli & Waithira Muiruri, Members

March 4, 2024

Between

Micheal Kimani Wambui

Appellant

and

National Transport and Safety Authority

Respondent

Judgment

Introduction 1. The appellant, Michael Kimani Wambui is a male adult of identification number 24013064 residing in Nairobi County.

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 the Cabinet Secretary on matters relating to road transport and safety, implement policies relating to 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 filed a memorandum of appeal at the Transport Licensing Appeals Board on 13th February 2024 stating that the respondent had omitted classes D1,D2 and D3 in his smart driving license yet the same had been endorsed in his old driving license.

4. His prayers on the matter were that the National Transport Safety Authority to be ordered to reinstate the missing classes to enable him apply for a public service vehicle license.

Respondent’s Case. 5. The respondent authority did not have any objection to the appellant’s application after he provided evidence proving that he had the said missing classes stamped on his old driving license.

Issues to determine. 6. Whether the appellant had presented enough evidence showing that he had classes D1,D2 and D3 stamped on his old driving license and whether he is entitled to having the same included in his smart driving license.

Analysis and Determination. Whether the appellant had adduced enough evidence. 7. Section 33(1) of the Traffic Act provides that:any person who satisfies the licensing officer that he has, before the commencement of this Act, been in possession of a license authorizing him to drive a motor vehicle in Kenya shall, subject to subsection (2) of section 31, notwithstanding the provisions of this section, be entitled to receive a license in respect of the same class or description of vehicles which he is by such license authorized to drive.

8. The appellant, alongside his application, had included a copy of his old driving license which had been stamped and authorized by the respondent. The driving license had classes D1,D2, and D3 stamped by the respondent meaning he was authorized to drive vehicles under that class.

9. Section 82 of The Traffic Act states that:On the issue of a driving license or provisional driving license to any person, the particulars endorsed on any previous license held by him shall be inserted in the new license, unless he has previously become entitled under section 84 to the issue of a license free from endorsement.

10. The appellant, having produced his old driving license and proved that he is qualified to drive vehicles under the said class and he had stamps to prove the same, the respondent has a duty to include the missing classes in his smart driving license.

Orders.Having considered the facts and the law applicable to this case, the Transport Licensing Appeals Board hereby makes the following order:i.That, effective immediately, the respondent reinstates classes D1,D2 and D3 on the appellant’s smart driving license.ii.Each party shall bear own costs.

DELIVERED VIRTUALLY BY THE TRANSPORT LICENSING LICENSING APPEALS BOARD ON THIS 4TH DAY OF MARCH 2024. DR. ADRIAN KAMOTHO - CHAIRPERSONJOSEPH MCDONALD - MEMBERMARYAN HAJIR - MEMBERJAMES NGOMELI - MEMBERWAITHIRA MUIRURI - MEMBER