National Transport and Safety Authority Act

The Act may be cited as the National Transport and Safety Authority Act.

Defines key terms used in the Act (for example: "Authority", "authorised person", "Board", "Cabinet Secretary", "chairperson", "driver", "driving licence", "levy", "motor vehicle", "public service vehicle") and provides a temporary construction rule for the expressions "Cabinet Secretary" and "Principal Secretary" until after the first elections.

Establishes the National Transport and Safety Authority and lists powers including suing and being sued, acquiring and disposing of property, borrowing money, entering contracts, and performing other lawful acts for its functions.

The Authority is assigned a list of functions covering advisory, policy implementation, planning, regulation, provision of services, administration of specified Acts, vehicle registration and licensing, inspections, regulation of public service vehicles, national policy advice, road safety strategies, public education, research and audits, accident inspection reporting, driver training/testing/licensing oversight, driving school curriculum, coordination on road safety matters, and other functions conferred by the Cabinet Secretary or other written law.

The Authority may establish other offices anywhere in Kenya if it considers them necessary to discharge its functions.

Section is unable to perform the functions of his office by reason of mental or physical infirmity.

The Board has the power to enter into contracts.

The Board may establish committees and may co-opt persons with necessary knowledge and skills to sit on those committees.

The Board may, by resolution, delegate any of its powers or functions to a board committee or to a member, officer, employee or agent of the Authority.

The Board must conduct its affairs in accordance with the provisions of the Second Schedule.

The Board must competitively recruit and appoint a Director-General; the Director-General is an ex officio Board member but has no right to vote.

The Director-General is appointed for a term of three years and is eligible for reappointment for one further term.

The Director-General shall be the Authority's chief executive officer and secretary to the Board and has a set of specified responsibilities for managing the Authority, its funds, staff, plans and accounts, and performing duties assigned by the Board.

Provides for removal of the Director-General for inability to perform the functions of the office arising out of physical or mental incapacity.

The Board may appoint officers, agents and staff needed for the Authority; those staff must serve on terms and conditions the Board (in consultation with the Salaries and Remuneration Commission) determines.

The common seal is kept in the custody of the Director-General or another person the Board directs; the Board may issue orders about its use.

The Authority may establish a county transport and safety committee in each county; the Cabinet Secretary must appoint and nominate certain members; the committee members must appoint a chairperson from among themselves.

The county transport and safety committee oversees management and regulation of the road transport system at the county level.

The provisions relating to the conduct of the affairs of the Board prescribed in the Second Schedule shall apply, with necessary modifications, to the conduct of the affairs of the county transport and safety committee.

Members of the Board and the Authority's officers, employees and agents acting in good faith while executing the Authority's functions are protected from personal liability for actions, claims or demands.

The Authority must compensate or pay damages to any person for injury to them, their property or interests caused by the exercise of powers under this Act or other written law, or by failure (wholly or partially) of any works.

Section 6 lists who are members of the Board (including a chairperson appointed by the President, specified Principal Secretaries, the Attorney‑General, the Inspector‑General of Police, Cabinet‑appointed members, two Cabinet‑appointed representatives of special interest groups, and a Director‑General). It requires the Cabinet Secretary to have regard to gender equity and regional balance when appointing, and allows certain members to designate representatives in writing.

The chairperson and non‑ex officio members of the Board hold office for three years and may be reappointed for one further term.

The Cabinet Secretary may determine the remuneration, fees or allowances payable to members of the Board, in consultation with the Salaries and Remuneration Commission.

Must hold a degree from a university recognised in Kenya.

It is prohibited for a person to operate certain motor vehicles described in subsection (1) unless the vehicle is licensed by the Authority; specific deliveries, agricultural carriage, dealer demonstration use, funerals, towing/breakdown removal, and similar activities are excepted; contravention is an offence with fines or imprisonment.

Section 27 defines four licence classes and sets permissions and prohibitions for holders and the Authority: licence-holders may use licensed vehicles to carry goods for hire or reward subject to licence conditions; licence conditions prohibit use of authorised vehicles for other trades except incidental storage or where the Authority determines otherwise; the Authority must not issue a licence for a vehicle already licensed unless the first licence is withdrawn or revoked; the Authority may issue more than one licence to the same person.

The Authority may grant exclusive licences to operate motor vehicles for carriage of passengers or goods with Cabinet Secretary approval and subject to conditions; if it intends to grant one it must publish notice in the Gazette and a local newspaper at least thirty days before granting.

The Authority may grant, decline, or grant subject to conditions licences; it must consider the public interest and, for road service licences affecting a County, must consult and consider County laws before granting.

Sets conditions for issuance of a road service licence, authorizes the Authority to set, vary or cancel licence conditions, requires the Authority to consult counties when exercising these powers, and makes failure by a licensee or person in charge to comply an offence punishable by fine or imprisonment.

A condition imposed on a carrier’s licence does not apply while the motor vehicle is being used for any purpose for which it might lawfully be used without the authority of a licence.

Licences normally remain valid for one year from issue; the Authority can grant a short-term licence if demand is urgent and in the public interest, and existing licences continue while renewal or new-licence proceedings are pending.

A licence issued under the Act may not be transferred except with the written consent of the Authority, and for an exclusive licence also with the written consent of the Cabinet Secretary endorsed on the licence.

The Authority may revoke or suspend licences; it must inform a requesting licensee in writing of the reasons when it revokes or suspends a licence; it may direct removal of specified motor vehicles or reduce the maximum number specified in a licence.

If a licensee sells, transfers or otherwise disposes of the motor vehicle or business for which a licence was issued, the licence expires from the date of that sale, transfer or disposal unless the Authority's written consent is endorsed; the vendor/transferor/person who disposed must return the identity certificates and licences to the Authority.

Applicants for a licence must submit to the Authority any information it reasonably requires for assessing the application, including particulars about past carrier business, rates charged or proposed, and employment wages, conditions and hours for vehicles to be used under the licence.

If an applicant had not completed purchase of the motor vehicle when applying, the applicant must furnish the prescribed vehicle details within three months after the Authority's approval.

An applicant for the grant or variation of a licence who is aggrieved by the decision of the Authority on the application

Establishes the Transport Licensing Appeals Board, specifies composition and appointment by the Cabinet Secretary, sets member terms to be determined by the Cabinet Secretary, requires three members for a quorum, grants the Board powers to decide appeals and to summarily reject frivolous appeals, allows the Board to regulate its procedure, and requires the Cabinet Secretary to make rules governing the Board's practice and procedure.

Makes various acts in relation to licences and documents (forging, altering, using, lending, making or possessing documents resembling licences) proscribed under Section 40.

Driving or allowing use of a motor vehicle in breach of this Act or of licence conditions is an offence punishable by a fine not exceeding one hundred thousand shillings or imprisonment for up to one year.

Police officers in uniform may stop and inspect vehicles, demand production of licences/documents and require information; obstructing or refusing to comply is an offence punishable by fines and possible imprisonment.

Applicants for licences must pay fees; the Authority must charge fees for granting or varying licences; the Cabinet Secretary prescribes timing and manner.

Licensees must keep records about drivers, journeys, loads, and passengers; the Authority may grant exemptions; records must be preserved for six months (plus up to a further six months if required); failure is an offence with fines and possible imprisonment.

Funds of the Authority are such moneys as may accrue to, or vest in the Authority in the course of exercising its powers or performing its functions under this Act.

Section 46 establishes a National Transport and Safety Levy, identifies levy sources including 10% of certain motor-vehicle revenues and insurance premiums, allows the Cabinet Secretary to specify how the levy is payable, charges 5% per month on unpaid levies, and makes unpaid amounts civil debts recoverable summarily by the Authority.

Establishes the National Road Transport and Safety Fund vested in the Authority, lists its sources, states activities for which the Fund may be used, requires retention of receipts and balances for the Fund's purposes, and provides that expenditure incurred by the Authority is to be paid from the Fund.

The Authority may invest its funds in certain approved securities and may place or deposit moneys not immediately required with banks it determines.

The Authority's financial year is the twelve-month period ending on 30 June each year.

The Board must, at least three months before the start of each financial year, cause estimates of the Authority's revenue and expenditure for that year to be prepared.

a statement of the income and expenditure of the Authority during that year

The Authority must cause to be kept proper books and records of account of its income, expenditure, assets and liabilities.

Contravening lawful directions issued by members, officers, employees or agents of the Authority, or wilfully obstructing those persons in the discharge of their lawful duties, is an offence; offences under this Act are cognizable by the police.

The Cabinet Secretary may make regulations, in consultation with the Board, to carry the Act's provisions into effect.