This archive report was first published on 16 July 2020.
On July 16, 2020, the High Court made a significant ruling that has far-reaching implications for the National Transport and Safety Authority (NTSA) and the public transport sector in Kenya.
Justice Weldon Korir declared that NTSA's decision to phase out 14-seater matatus was illegal and unconstitutional due to the lack of public participation in the process.
The judge ruled that Regulation 4 of Legal Notice No. 179 of 2014 did not comply with the constitutional requirement for public participation in the enactment of legislation.
According to the judge, the respondents failed to prove that there was public participation in the enactment of the impugned regulation.
NTSA had published a notice stating that it would not license any new Public Service Vehicle as a commuter service vehicle with a carrying capacity of less than 25 passengers.
The court found that NTSA had failed to demonstrate that the public was involved in the enactment of the regulations, rendering the notice null and void within seven days of its publication.
