Kenya Act or statute

Parliament of Kenya

National Transport and Safety Authority Act

Jurisdiction: Kenya
Structure: 54 provisions
Citation: Cap. 404
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“The Act may be cited as the 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.

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PRELIMINARY - 1. Short title

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

Section 1

THE MANAGEMENT OF THE AUTHORITY - 18. Removal of Director-General

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

Section 18

LICENSING PROVISIONS - 28. Exclusive licences

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 l…

Section 28

LICENSING PROVISIONS - 41. Contravention of conditions of a licence

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.

Section 41

MISCELLANEOUS PROVISIONS - 54. Regulations

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

Section 54

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Showing 54 of 54 provisions

Provision 45Offence 5Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the National Transport and Safety Authority Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "Authority" means the National Transport and Safety Authority established under section 3 ; "authorised person" means a person authorised the Authority to carry out duties and functions under this Act; "Board" means the Board of Directors of the Authority constituted under section 8 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to transport; "chairperson" means the chairperson of the Board appointed under section 8 ; "driver" means a person who drives or guides or is in the physical control of any vehicle on the road; "driving licence" means a licence to drive a motor vehicle issued under the Traffic Act (Cap. 403), and any document deemed to be a driving licence under the Act; "levy" means the national transport and safety levy established under section 46 ; "motor vehicle" has the meaning assigned to it under the Traffic Act (Cap. 403); "public service vehicle" has the meaning assigned to it under the Traffic Act (Cap. 403); Section 2(2) Notwithstanding subsection (1), until after the first elections under the Constitution, references in this Act to the expressions "Cabinet Secretary" and "Principal Secretary" shall be construed to mean "Cabinet Secretary" and "Permanent Secretary" respectively.

Section 2Verify source

Part II

ESTABLISHMENT OF THE NATIONAL TRANSPORT AND SAFETY AUTHORITY

§ 3ESTABLISHMENT OF THE NATIONAL TRANSPORT AND SAFETY AUTHORITY - 3. Establishment of the AuthorityProvision

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.

Section 3. Establishment of the Authority Section 3(1) There is established an Authority to be known as the National Transport and Safety Authority. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing all other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate.

Section 3Verify source

§ 4ESTABLISHMENT OF THE NATIONAL TRANSPORT AND SAFETY AUTHORITY - 4. Functions of the AuthorityProvision

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.

Section 4. Functions of the Authority Section 4(1)(a) advise and make recommendations to the Cabinet Secretary on matters relating to road transport and safety; Section 4(1)(b) implement policies relating to road transport and safety; Section 4(1)(c) plan, manage and regulate the road transport system in accordance with the provisions of this Act; Section 4(1)(d) ensure the provision of safe, reliable and efficient road transport services; and Section 4(1)(e) administer the Acts of Parliament set out in the First Schedule and any other written law. Section 4(2)(a) register and license motor vehicles; Section 4(2)(b) conduct motor vehicle inspections and certification; Section 4(2)(c) regulate public service vehicles; Section 4(2)(d) advise the Government on national policy with regard to road transport system; Section 4(2)(e) develop and implement road safety strategies; Section 4(2)(f) facilitate the education of the members of the public on road safety; Section 4(2)(g) conduct research and audits on road safety; Section 4(2)(h) compile inspection reports relating to traffic accidents; Section 4(2)(i) establish systems and procedures for, and oversee the training, testing and licensing of drivers; Section 4(2)(j) formulate and review the curriculum of driving schools; Section 4(2)(k) co-ordinate the activities of persons and organisations dealing in matters relating to road safety; and Section 4(2)(l) perform such other functions as may be conferred on it by the Cabinet Secretary or by any other written law.

Section 4Verify source

§ 5ESTABLISHMENT OF THE NATIONAL TRANSPORT AND SAFETY AUTHORITY - 5. Headquarters of the AuthorityProvision

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

Section 5. Headquarters of the Authority Section 5(1) The headquarters of the Authority shall be in the capital city. Section 5(2) The Authority may establish such other offices anywhere in Kenya as it may consider necessary for the discharge of its functions.

Section 5Verify source

Part III

THE MANAGEMENT OF THE AUTHORITY

§ 10THE MANAGEMENT OF THE AUTHORITY - 10. Vacation of officeProvision

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

Section 10. Vacation of office Section is unable to perform the functions of his office by reason of mental or physical infirmity;

Section 10Verify source

§ 11THE MANAGEMENT OF THE AUTHORITY - 11. Powers of the BoardProvision

The Board has the power to enter into contracts.

Section 11. Powers of the Board Section enter into contracts;

Section 11Verify source

§ 12THE MANAGEMENT OF THE AUTHORITY - 12. Committees of the BoardProvision

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

Section 12. Committees of the Board Section 12(1) The Board may establish such committees as it may consider necessary for the performance of its functions and the exercise of its powers under this Act. Section 12(2) The Board may co-opt any person to sit on any committee established under subsection (1), whose knowledge and skills are found necessary for the performance of the functions of the Board.

Section 12Verify source

§ 13THE MANAGEMENT OF THE AUTHORITY - 13. Delegation by the BoardProvision

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.

Section 13. Delegation by the Board Section The Board may by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions of the Board under this Act or under any other written law.

Section 13Verify source

§ 14THE MANAGEMENT OF THE AUTHORITY - 14. Conduct of business and affairs of the BoardProvision

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

Section 14. Conduct of business and affairs of the Board Section The Board shall conduct its affairs in accordance with the provisions of the Second Schedule.

Section 14Verify source

§ 15THE MANAGEMENT OF THE AUTHORITY - 15. Director-GeneralProvision

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.

Section 15. Director-General Section 15(1) There shall be a Director-General of the Authority who shall be competitively recruited and appointed by the Board, on such terms and conditions as the Board shall determine. Section 15(2)(a) holds a degree from a university recognized in Kenya; and Section 15(2)(b) transport; Section 15(2)(b)(i) transport; Section 15(2)(b)(ii) law; Section 15(2)(b)(iii) public health; Section 15(2)(b)(iv) civil engineering; or Section 15(2)(b)(v) economics. Section 15(3) The Director-General shall be an ex officio member of the Board and shall have no right to vote at any meeting of the Board.

Section 15Verify source

§ 16THE MANAGEMENT OF THE AUTHORITY - 16. Tenure of office of Director-GeneralProvision

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

Section 16. Tenure of office of Director-General Section The Director-General shall be appointed for a term of three years and shall be eligible for reappointment for one further term.

Section 16Verify source

§ 17THE MANAGEMENT OF THE AUTHORITY - 17. Functions of the Director-GeneralProvision

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.

Section 17. Functions of the Director-General Section 17(1) The Director-General shall be the chief executive officer of the Authority and secretary to the Board. Section 17(2)(a) be responsible for the day-to-day management of the Authority; Section 17(2)(b) manage the funds, property and affairs of the Authority; Section 17(2)(c) be responsible for the management of the staff of the Authority; Section 17(2)(d) implement the policies, programmes and objectives of the Authority; Section 17(2)(e) the strategic plan and annual plan of the Authority; and Section 17(2)(e)(i) the strategic plan and annual plan of the Authority; and Section 17(2)(e)(ii) the annual budget and audited accounts of the Authority; and Section 17(2)(f) perform such other duties as may be assigned by the Board.

Section 17Verify source

§ 18THE MANAGEMENT OF THE AUTHORITY - 18. Removal of Director-GeneralProvision

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

Section 18. Removal of Director-General Section inability to perform the functions of the office arising out of physical or mental incapacity;

Section 18Verify source

§ 19THE MANAGEMENT OF THE AUTHORITY - 19. Staff of the AuthorityProvision

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.

Section 19. Staff of the Authority Section 19(1) The Board may appoint such officers, agents and staff as are necessary for the proper and efficient discharge of the functions of the Authority under this Act. Section 19(2) The staff appointed under subsection (1) shall serve on such terms and conditions as the Board may, in consultation with the Salaries and Remuneration Commission, determine.

Section 19Verify source

§ 20THE MANAGEMENT OF THE AUTHORITY - 20. Seal of the AuthorityProvision

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.

Section 20. Seal of the Authority Section 20(1) The common seal of the Authority shall be kept in the custody of the Director- General or such other person as the Board may direct, and shall not be used except upon the order of the Board. Section 20(2) The common seal of the Board shall, when affixed to a document and authenticated, be judicially and officially noticed and unless the contrary is proved, any order or authorization by the Board under this section shall be presumed to have been duly given. Section 20(3) The seal of the Authority shall be authenticated by the signature of the Director-General and the chairperson of the Board or in the absence of either person, such other member of the Board who shall be designated by the Board for that purpose on his behalf.

Section 20Verify source

§ 21THE MANAGEMENT OF THE AUTHORITY - 21. County transport and safety committeesProvision

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.

Section 21. County transport and safety committees Section 21(1) The Authority may establish in each county, a committee to be known as the county transport and safety committee. Section 21(2)(a) the officer in charge of traffic in the county who shall be the secretary to the committee; Section 21(2)(b) two persons responsible for overseeing the registration and licensing of vehicles within the county nominated by the Board; Section 21(2)(c) one person nominated by the Association of Public Transport Operators to represent the Association; Section 21(2)(d) one person with knowledge and experience in matters relating to transport within the county nominated by the county governor; and Section 21(2)(e) two persons nominated by the county governor on the recommendations of the Authority to represent such special interests within the county as the Authority shall determine. Section 21(3) Notwithstanding the provisions of subsection (2), where the county transport and safety committee is constituted before the first elections under the Constitution, the Cabinet Secretary shall nominate persons under subsections (2)(d) and (e) and shall hold office pending the appointment by the county governor. Section 21(4) The persons nominated under subsection (2)(b), (c), (d) and (e) shall be appointed by the Cabinet Secretary by notice in the Gazette . Section 21(5) The members of the county transport and safety committee shall appoint from amongst themselves, a person who shall be the chairperson of the committee.

Section 21Verify source

§ 22THE MANAGEMENT OF THE AUTHORITY - 22. Functions of the county transport and safety committeeProvision

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

Section 22. Functions of the county transport and safety committee Section oversee the management and regulation of the road transport system by the Authority at the county level;

Section 22Verify source

§ 23THE MANAGEMENT OF THE AUTHORITY - 23. Conduct of affairs of the county transport and safety committeesProvision

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.

Section 23. Conduct of affairs of the county transport and safety committees Section 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.

Section 23Verify source

§ 24THE MANAGEMENT OF THE AUTHORITY - 24. Protection from personal liabilityProvision

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.

Section 24. Protection from personal liability Section No matter or thing done by a member of the Board or any officer, employee, or agent of the Authority shall, if the matter or thing is done in good faith and in the course of executing the functions, powers or duties of the Authority, render the member, officer, employee or agent personally liable for any action, claim or demand whatsoever.

Section 24Verify source

§ 25THE MANAGEMENT OF THE AUTHORITY - 25. Liability of the Authority to damagesProvision

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 25. Liability of the Authority to damages Section The provisions of section 24 shall not relieve the Authority of the liability to compensate or pay damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially of any works.

Section 25Verify source

§ 6THE MANAGEMENT OF THE AUTHORITY - 6. Board of the AuthorityProvision

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.

Section 6. Board of the Authority Section 6(1)(a) a chairperson appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry responsible for matters relating to transport; Section 6(1)(c) the Principal Secretary in the Ministry responsible for matters relating to finance; Section 6(1)(d) the Attorney-General; Section 6(1)(e) the Inspector-General of the National Police Service; Section 6(1)(f) four persons appointed by the Cabinet Secretary; Section 6(1)(g) two persons appointed by the Cabinet Secretary to represent groups with special interests in the transportation industry; and Section 6(1)(h) a Director-General appointed under section 15 . Section 6(2) The appointment of the chairperson and members of the Board under section 6 (f) and (g) shall be by notice in the Gazette . Section 6(3) In appointing persons as members of the Board, the Cabinet Secretary shall have regard to the principle of gender equity and regional balance. Section 6(4) The members referred to under subsection (1)(b), (c), (d) and (e) may in writing, designate an officer to represent them in the Board.

Section 6Verify source

§ 7THE MANAGEMENT OF THE AUTHORITY - 7. Tenure of officeProvision

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

Section 7. Tenure of office Section The chairperson and members of the Board, other than the ex officio members, shall hold office for a period of three years and shall be eligible for reappointment for one further term.

Section 7Verify source

§ 8THE MANAGEMENT OF THE AUTHORITY - 8. Remuneration of Board membersProvision

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

Section 8. Remuneration of Board members Section There shall be paid to the members of the Board, such remuneration, fees or allowances as the Cabinet Secretary may, in consultation with the Salaries and Remuneration Commission, determine.

Section 8Verify source

§ 9THE MANAGEMENT OF THE AUTHORITY - 9. Qualifications for appointmentProvision

Must hold a degree from a university recognised in Kenya.

Section 9. Qualifications for appointment Section holds a degree from a university recognised in Kenya; and

Section 9Verify source

Part IV

LICENSING PROVISIONS

§ 26LICENSING PROVISIONS - 26. Licensing of motor vehiclesOffence

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 26. Licensing of motor vehicles Section 26(1)(a) operate any class of vehicle including private vehicles as public service vehicles; or Section 26(1)(b) operate a commercial service vehicle whose tare weight exceeds three thousand and forty eight kilograms, unless the vehicle is licensed by the Authority. Section 26(2) A registered owner, driver, or a person in possession of a motor vehicle used for the carriage of goods shall, for the purpose of this Part, be deemed to be the person by whom the vehicle is being used. Section 26(3) Where at any time goods are carried in a motor vehicle which has been let on hire by the person who at the time of the carriage of the goods, is within the meaning of this Act, the user of the motor vehicle, the goods shall be deemed to be carried by that person for hire or reward. Section 26(4)(a) the delivery or collection by a person of goods sold, used or let on hire or hire purchase in the course of a trade or business carried on by him; Section 26(4)(b) the delivery or collection by a person of goods which have been, or are to be, subjected to a process or treatment in the course of a trade or business carried on by him; Section 26(4)(c) the carriage by a person engaged in agriculture in any locality of goods for or in connection with the business of agriculture carried on by another person in that locality, so long as the goods are carried in a vehicle which the person carrying them is authorized by a licence to use for the carriage of goods for or in connection with his agricultural business; Section 26(4)(d) the carriage of goods in a vehicle which is being used under and in accordance with the regulations applicable to a dealer’s general licence issued under the Traffic Act (Cap. 403); and Section 26(4)(e) the carriage of goods in a vehicle by a manufacturer, agent or dealer, whilst the vehicle is being used by him for demonstration purposes, Section 26(5)(a) to the use of a motor vehicle for the purposes of a funeral; or Section 26(5)(b) to the use of a motor vehicle for towing a motor vehicle or removing goods from a motor vehicle that has broken down to a place of safety. Section 26(6) The Cabinet Secretary may, by notice in the Gazette , exempt any person or class of persons or any motor vehicle or class of motor vehicles from all or any of the provisions of this Act. Section 26(7) A person who contravenes the provisions of subsection (1) commits an offence and shall be liable, on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding five years or to both. [Act No. 19 of 2014 , s. 44.]

Section 26Verify source

§ 27LICENSING PROVISIONS - 27. Classes of licencesProvision

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.

Section 27. Classes of licences Section 27(1)(a) a road service licence issued for the carriage of passengers and goods; Section 27(1)(b) a "B" carrier’s licence issued for the carriage of commercial goods; Section 27(1)(c) a tourist service licence; and Section 27(1)(d) a short term licence issued for the carriage of passengers and goods under paragraph (a) or (b) on a short-term basis. Section 27(2) A holder of a road service licence may, subject to any conditions attached to the issuance of the licence, use a motor vehicle in respect of which the licence is issued for the carriage of goods for hire or reward but, unless the Authority, in its discretion, otherwise determines, it shall be a condition of the licence that no motor vehicle which is for the time being an authorized motor vehicle shall be used for the carriage of goods for or in connection with any other trade or business carried on by him except such storage or warehousing of goods as may be incidental to his business as a carrier. Section 27(3) For the purposes of this section, different types of motor vehicles or different types of trailers, as the case may be, may be distinguished in a licence and a maximum number may be specified in the licence for vehicles or trailers of each type. Section 27(4) The Authority shall not issue a licence with respect to a motor vehicle for which a licence has been issued under this Act unless the first licence is withdrawn or revoked. Section 27(5) The Authority may issue to a person, more than one licence, whether of the same class or of different classes in respect of different motor vehicles owned by the same person.

Section 27Verify source

§ 28LICENSING PROVISIONS - 28. Exclusive licencesProvision

Section 28. Exclusive licences Section 28(1) Notwithstanding any other provisions of this Act, the Authority may, with the approval of the Cabinet Secretary, and subject to such conditions as it may consider fit to impose, grant to any person an exclusive licence authorizing such person to operate a motor vehicle as the case may be, for the carriage of passengers or goods in such areas, over such routes or between such places and for such period as the Authority may determine, and the provisions of this Act regarding applications for the grant of a licence shall apply to the applications for and grant of any exclusive licence. Section 28(2) Where the Authority intends to grant an exclusive licence under subsection (1), it shall, by notice in the Gazette and in a local newspaper of wide circulation in the area to which the proposed exclusive licence relates, publish a notice of its intention to grant such licence at least thirty days before the date on which it intends to grant the licence.

Section 28Verify source

§ 29LICENSING PROVISIONS - 29. Discretion of authority to refuse licencesProvision

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.

Section 29. Discretion of authority to refuse licences Section The Authority may grant or decline to grant any application for a licence, or grant a licence subject to such conditions as it may consider fit to impose, and, in exercising its discretion, the Authority shall have regard to the public interest, including the interest of persons requiring and those of persons providing facilities for transport, and to such other matters as may be prescribed: Provided that the Authority shall, before granting any road service licence in respect of any vehicle for the carriage of passengers from, through or into, the area of jurisdiction of any County, consult and have regard to the laws of the County relating to the place in the area of such County at which the vehicle may stop or start and the route to be taken by such vehicle.

Section 29Verify source

§ 30LICENSING PROVISIONS - 30. Conditions for the issuance of a licenceOffence

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.

Section 30. Conditions for the issuance of a licence Section 30(1)(a) the motor vehicle in respect of which the licence is issued is maintained in a fit and serviceable condition; Section 30(1)(b) the provisions of any law for the time being in force relating to limits of speed weight while laden and unladen, the loading of goods vehicles and the number of passengers to be carried, are complied with in relation to the authorized motor vehicles; Section 30(1)(c) the provisions of this Act, and of any rules made by the Authority relating to the keeping of records, are complied with; and Section 30(1)(d) that the public service motor vehicle operate in the authorized routes. Section 30(2)(a) a condition that a motor vehicle in respect of which a licence is issued shall operate in a specified area or over a specified route; Section 30(2)(b) a condition that certain classes or descriptions of goods shall or shall not be carried; Section 30(2)(c) a condition specifying the charges or the maximum or minimum charges to be made for the carriage of goods; or Section 30(2)(d) such other conditions as the Authority may prescribe. Section 30(3)(a) the fares imposed for the carrying of passengers are reasonable and ensure fair competition within the transport industry; Section 30(3)(b) copies of the timetable and faretable are carried and available for inspection; and Section 30(3)(c) the safety of passengers and in particular, that they alight and are picked from such areas as may be designated for that purpose, Section 30(4) The Authority may, from time to time in such manner as it considers fit, vary or cancel the conditions attached to the issuance of a road service licence. Section 30(5) The Authority may, from time to time, either on its own motion or on the application of a licensee in the prescribed manner, cancel or vary, any of the conditions attached to a licence under this Act. Section 30(6) The Authority shall exercise its powers under this section in consultation with the counties. Section 30(7) A person who, being the licensee or being the person in charge of the vehicle in respect of which such licence is issued, fails to comply with any condition imposed by or under the provisions of this section, commits an offence and shall be liable, on conviction, to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding one year or to both.

Section 30Verify source

§ 31LICENSING PROVISIONS - 31. Exemptions from conditions of a carrier’s licenceProvision

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.

Section 31. Exemptions from conditions of a carrier’s licence Section A condition imposed with respect to a carrier’s licence shall 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.

Section 31Verify source

§ 32LICENSING PROVISIONS - 32. Duration of a licenceProvision

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.

Section 32. Duration of a licence Section 32(1) Subject to the provisions of subsection (2), every licence shall, unless previously revoked, remain in force for one year from the date of issue: Provided that, if on the date of the expiration of a licence, proceedings are pending before the Authority on an application for the grant of a new licence with respect to the same vehicle, the existing licence shall continue in force until such application is determined. Section 32(2)(a) for the purpose of carrying on business for a short-term; Section 32(2)(b) for the purpose of the execution of a particular piece of work; or Section 32(2)(c) for any other purpose of limited duration. Section 32(3) Without prejudice to the generality of subsection (2), the Authority may grant a short term licence if it is satisfied that the demand for the use of the motor vehicle to be so licensed is urgent and is in public interest. Section 32(4) If on the date of the expiration of a licence other than a short term licence, proceedings are pending before the Authority on an application by the licensee for the grant to him of a new licence, the existing licence shall continue in force until the application is determined, without prejudice to the exercise in the meantime of the powers of suspension or revocation conferred on the Authority by this Act.

Section 32Verify source

§ 33LICENSING PROVISIONS - 33. Licence not transferableProvision

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.

Section 33. Licence not transferable Section A licence issued under this Act shall not be transferable except with the written consent of the Authority, and, in the case of an exclusive licence, with the written consent of the Cabinet Secretary, endorsed on such licence.

Section 33Verify source

§ 34LICENSING PROVISIONS - 34. Power to revoke or suspend licencesProvision

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.

Section 34. Power to revoke or suspend licences Section 34(1)(a) comply with a condition for the issuance of the licence; or Section 34(1)(b) fails to operate the motor vehicle with respect to which the licence is issued for a period of three months during the period for which the licence is issued. Section 34(2) The Authority shall, where it revokes or suspends a licence and at the request of the licensee inform the licensee in writing, the reasons for such revocation or suspension. Section 34(3) The Authority may, in lieu of revoking or suspending a carrier’s licence, direct that any one or more of the motor vehicles specified in the licence be expunged from the licence, or that the maximum number of motor vehicles or of trailers specified in the licence be reduced. Section 34(4) Where the Authority directs that a motor vehicle specified in a licence be removed from the licence, the motor vehicle shall cease to be a licenced vehicle under this Act.

Section 34Verify source

§ 35LICENSING PROVISIONS - 35. Expiry of licenceProvision

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.

Section 35. Expiry of licence Section Where a licensee sells, transfers (otherwise than by way of security for any purpose) or otherwise disposes of the motor vehicle or any business in respect of which such licence was issued, such licence shall, unless any written consent of the Authority has been endorsed on such licence, expire with effect from the date of such sale, transfer or other disposal, and the vendor or transferor, or person who otherwise disposed of such motor vehicle or business, shall return to the Authority, the identity certificates and the licences issued under such identity certificates.

Section 35Verify source

§ 36LICENSING PROVISIONS - 36. Power to call for further particularsProvision

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.

Section 36. Power to call for further particulars Section A person applying for a licence under this Act shall, in addition to any particulars which he is required to furnish with his application, submit to the Authority any information which it may reasonably require for the discharge of its duties in relation to the application and in particular shall submit such particulars as the Authority may require with respect to any business as a carrier of passengers and goods for hire or reward carried on by the applicant at any time before the making of the application and of the rates charged or proposed to be charged by the applicant and of the wages and conditions and hours of employment of persons employed in connection with the motor vehicle proposed to be used under the licence.

Section 36Verify source

§ 37LICENSING PROVISIONS - 37. Applicant to furnish details of motor vehicle within three monthsProvision

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.

Section 37. Applicant to furnish details of motor vehicle within three months Section 37(1) Where an application for the grant of a licence has been approved by the Authority, the applicant shall, if at the time of making the application, he had not finalized the purchase of the motor vehicle in respect of which the application is made, furnish the prescribed details required of such motor vehicle within three months after the date of approval by the Authority. Section 37(2)(a) the approval issued by the Authority shall lapse; and Section 37(2)(b) subject to subsection (3), the Authority shall not approve an application by the applicant of a licence of a similar class until a period of six months from the date of such application has expired. Section 37(3) The Authority may, where an applicant under subsection (2) shows sufficient cause for the delay in submitting the prescribed information, grant a licence or determine a subsequent application for a licence before the expiry of six months and may impose such conditions which it considers appropriate.

Section 37Verify source

§ 38LICENSING PROVISIONS - 38. Appeals against decision of AuthorityProvision

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

Section 38. Appeals against decision of Authority Section being an applicant for the grant or variation of a licence, is aggrieved by the decision of the Authority on the application;

Section 38Verify source

§ 39LICENSING PROVISIONS - 39. Transport Licensing Appeal BoardProvision

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.

Section 39. Transport Licensing Appeal Board Section 39(1) There is established the Transport Licensing Appeals Board. Section 39(2) The Appeals Board shall consist of a chairperson and four other members appointed by the Cabinet Secretary. Section 39(3) The members of the Appeals Board shall hold office for such term and under such conditions as the Cabinet Secretary may determine. Section 39(4) Three members of the Appeals Board shall form a quorum. Section 39(5) The Appeals Board may, on any appeal, affirm or reverse the decision of the Authority, or make such other order as the Board considers necessary and fit. Section 39(6) Where the Appeals Board has received an appeal under this section, it shall consider that appeal and, if it determines that the grounds of appeal are frivolous or vexatious or do not disclose sufficient reason for interfering with the decision of the Authority, may summarily reject the appeal. Section 39(7) Save as may be prescribed, the Appeals Board shall regulate its procedure and proceedings as it may consider appropriate. Section 39(8) The Cabinet Secretary shall make rules for regulating the practice and procedure of the Appeals Board. Section 39(9)(a) regulating the sittings of the Appeals Board; Section 39(9)(b) prescribing forms and fees in respect of proceedings in the Appeals Board and regulating the costs of and incidental to any such proceedings; Section 39(9)(c) prescribing the time within which any requirement of the rules is to be complied with; and Section 39(9)(d) any other matter required under this Act or any other written law.

Section 39Verify source

§ 40LICENSING PROVISIONS - 40. Forgery, etc., of licencesProvision

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

Section 40. Forgery, etc., of licences Section 40(1)(a) forges within the meaning of Chapter XXXIV of the Penal Code (Cap. 63), or alters or uses or lends to or allows to be used by any other person, a licence, or any document, plate or mark by which the subject of the licence is to be identified as being licensed under this Act; or Section 40(1)(b) makes or has in his possession any document, plate or mark so closely resembling a licence, or any such document, plate or mark as aforesaid, as to be calculated to deceive, Section 40(2)(a) obtaining a licence; Section 40(2)(b) obtaining a variation of a licence; Section 40(2)(c) preventing the grant or variation of any licence; or Section 40(2)(d) procuring the importation of any condition or limitation in relation to a licence,

Section 40Verify source

§ 41LICENSING PROVISIONS - 41. Contravention of conditions of a licenceOffence

Section 41. Contravention of conditions of a licence Section A person who drives or uses a motor vehicle in contravention of any of the provisions of this Act, or being the owner of such vehicle, allows a person to so use it, and any driver or other person in charge of any vehicle in respect of which a licence has been granted under this Act who drives or uses such vehicle in contravention of any condition of such licence, or being the owner of such vehicle, allows a person to so use it, commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year.

Section 41Verify source

§ 42LICENSING PROVISIONS - 42. Power to stop and inspect vehiclesOffence

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.

Section 42. Power to stop and inspect vehicles Section 42(1) A police officer in uniform may stop and inspect any vehicle with a view to ascertaining whether or not the provisions of this Act or of any regulations made thereunder have been complied with, and may demand for inspection the production of any licence, certificate, document or record of any description whatsoever which may, under the provisions of this Act or of any regulations made thereunder be required to be carried on such vehicle and may require the driver or any other person travelling on such vehicle to give such information as such police officer may reasonably request in order to ascertain whether or not the provisions of this Act on regulations are being complied with. Section 42(2) A person who obstructs any police officer in the exercise of the powers conferred on such police officer by this section, or fails to comply with any lawful order given by such police officer or refuses to give any information when requested so to do by such police officer, commits an offence and shall be liable on conviction, to a fine not exceeding five thousand shillings, and in the case of a second or subsequent offence to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding one year.

Section 42Verify source

§ 43LICENSING PROVISIONS - 43. Fees in respect of licencesProvision

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

Section 43. Fees in respect of licences Section An applicant for a licence under this Act shall pay such fees at such times and in such manner as the Cabinet Secretary may prescribe shall be charged by the Authority in respect of the grant or variation of a licence.

Section 43Verify source

§ 44LICENSING PROVISIONS - 44. Rules in respect of records as to hours of work, journeys, loads, etc.Commencement

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.

Section 44. Rules in respect of records as to hours of work, journeys, loads, etc. Section 44(1)(a) with respect to every person employed by him as a driver or statutory attendant of an authorized motor vehicle, the times at which that person commenced and ceased work and particulars of his intervals of rest and the like information as respects himself when acting as such a driver or attendant; Section 44(1)(b) with respect to every journey of a motor vehicle on which goods are carried under a licence, particulars of the journey, of the rates charged and of the greatest weight of goods carried by the vehicle at any time during the period to which the record relates and the description and destination of the goods carried; and Section 44(1)(c) with respect to certain journeys of a vehicle on which passengers are carried, particulars in relation to the passengers travelling on board such vehicle in such form as the Authority may specify, Section 44(2) Subject to the provisions of the rules, the Authority may exempt a licensee from the observance, as respects the carriage of goods under a licence granted by him, of any requirements of the rules, and may grant such exemption either generally or as respects any particular vehicle or as respects the use of vehicles for any particular purpose on such conditions as it considers fit. Section 44(3) A licensee shall preserve every record kept under the rules for a period of six months, commencing on the date on which the record is made, and for such further period, not exceeding six months, as may be required by the Authority or a police officer not below the rank of Superintendent, and during the period for which he is required by or under this subsection to preserve a record shall, if required so to do at any time by the Authority or by any person authorized in that behalf by the Authority or by any person authorized in that behalf by a police officer not below the rank of Superintendent, produce the record for the inspection of the Authority or of the person so authorized. Section 44(4) A person who fails to comply with the provisions of this section commits an offence and shall be liable, on conviction, in the case of a first offence, to a fine not exceeding one hundred thousand shillings, and in the case of a second or subsequent offence to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year.

Section 44Verify source

Part V

FINANCIAL PROVISIONS

§ 45FINANCIAL PROVISIONS - 45. Funds of the AuthorityProvision

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 45. Funds of the Authority Section such moneys as may accrue to, or vest in the Authority in the course of the exercise of its powers or the performance of it functions under this Act;

Section 45Verify source

§ 46FINANCIAL PROVISIONS - 46. National Transport and Safety LevyProvision

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.

Section 46. National Transport and Safety Levy Section 46(1)(a) any services rendered by the Authority; premiums received by any insurance company in respect of every policy of insurance taken in accordance with the provisions of the Insurance (Motor Vehicles Third Party Risks) Act (Cap. 405), which shall be paid by the insurance company; and Section 46(1)(b) ten percent of the revenue collected from motor vehicle registration, motor vehicle inspection and issuance of driver licences. Section 46(2) A levy imposed under this section shall be determined from time to time and payable in such a manner as the Cabinet Secretary may specify in the order. Section 46(3) Where a person fails to pay any amount payable by way of levy on or before the date prescribed by the order, a sum equal to five per centum of the amount shall become due and payable in addition to the amount due for each month or part thereof during which the amount due remains unpaid. Section 46(4) All moneys received in respect of the levy shall be paid into the Fund and if not paid on or before the date prescribed in the order, the amount due and any sum payable under subsection (3) shall be a civil debt recoverable summarily by the Authority.

Section 46Verify source

§ 47FINANCIAL PROVISIONS - 47. National Transport and Safety FundProvision

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.

Section 47. National Transport and Safety Fund Section 47(1) There is established a Fund to be known as the National Road Transport and Safety Fund which shall vest in the Authority. Section 47(2)(a) moneys appropriated by Parliament; Section 47(2)(b) the levy; Section 47(2)(c) grants and donations made to the Authority; and Section 47(2)(d) moneys from a source approved by the Authority. Section 47(3)(a) conduct research activities and audits on road transport safety; Section 47(3)(b) conduct road safety education and awareness campaigns; Section 47(3)(c) implement road safety strategies; and Section 47(3)(d) carry out the operations of the Authority. Section 47(4) All receipts, savings and accruals for the Fund and the balance of the Fund at the end of the financial year shall be retained for the purposes for which the Fund is established. Section 47(5) There shall be paid out of the Fund any expenditure incurred by the Authority in the exercise of its powers or the performance of its functions under this Act.

Section 47Verify source

§ 48FINANCIAL PROVISIONS - 48. Investment of fundsProvision

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

Section 48. Investment of funds Section 48(1) The Authority may invest any of its funds in securities in which for the time being trustees may by law invest in trust funds, or in any other securities which the Treasury may, from time to time, approve for that purpose. Section 48(2) The Authority may place or deposit with such bank or banks as it may determine, any moneys not immediately required for the purposes of the Authority.

Section 48Verify source

§ 49FINANCIAL PROVISIONS - 49. Financial yearProvision

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

Section 49. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year.

Section 49Verify source

§ 50FINANCIAL PROVISIONS - 50. Annual EstimatesCommencement

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.

Section 50. Annual Estimates Section 50(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 50(2) The annual estimates shall make provision for all estimated expenditure of the Authority for the financial year concerned. Section 50(3) The annual estimates prepared by the Board under subsection (2) shall be submitted to the Cabinet Secretary for tabling in the National Assembly.

Section 50Verify source

§ 51FINANCIAL PROVISIONS - 51. Annual ReportProvision

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

Section 51. Annual Report Section a statement of the income and expenditure of the Authority during that year; and

Section 51Verify source

§ 52FINANCIAL PROVISIONS - 52. Accounts and AuditProvision

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

Section 52. Accounts and Audit Section 52(1) The Authority shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Authority. Section 52(2) The annual accounts of the Authority shall be prepared, audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 52Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 53MISCELLANEOUS PROVISIONS - 53. Offences and penaltiesOffence

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.

Section 53. Offences and penalties Section 53(1)(a) without lawful excuse, contravenes any lawful direction issued by any member, officer, employee or agent of the Authority in exercise of the powers or the performance of the functions of the Authority under this Act; or Section 53(1)(b) wilfully obstructs any member, officer, employee or agent of the Authority in the discharge of his lawful duties, Section 53(2) An offence committed under this Act shall be a cognizable offence by the police.

Section 53Verify source

§ 54MISCELLANEOUS PROVISIONS - 54. RegulationsProvision

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

Section 54. Regulations Section The Cabinet Secretary may, in consultation with the Board, make regulations for the better carrying into effect of the provisions of this Act.

Section 54Verify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Authority in exercise of the powers or the performance of the functions of the Authority under this Act
Section 53
Authority under this Act
Section 19
Board under this Act
Section 13
Chapter XXXIV of the Penal Code
Section 40

G–M

1 instrument

Insurance (Motor Vehicles Third Party Risks) Act
Section 46

N–S

1 instrument

Public Audit Act
Section 52

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