This archive report was first published on 16 July 2020.
On July 16, 2020, High Court Judge Weldon Korir delivered a ruling that declared the National Transport and Safety Authority's (NTSA) decision to phase out 14-seater matatus illegal and unconstitutional.
The court found that NTSA failed to demonstrate public participation in the enactment of the regulations, specifically Legal Notice No. 179 of 2014, which stated that no new Public Service Vehicle (PSV) with a seating capacity less than twenty five would be licensed.
According to the judge, the regulation should have been submitted to Parliament for approval, and its failure to do so rendered it null and void within seven days of publication.
"It was incumbent upon the makers of the regulations to demonstrate that the public was involved in the enactment of the regulations. The respondents have failed to prove that there was public participation in the enactment of the impugned regulation," ruled the court.
