This archive report was first published on 17 July 2020.
On July 17, 2020, the High Court delivered a significant blow to the National Transport and Safety Authority's (NTSA) plans to phase out 14-seater vehicles. In a ruling, Justice Weldon Korir declared the decision illegal and unconstitutional, citing a lack of public participation in the regulation.
The court found that NTSA failed to demonstrate evidence of public participation in the regulation, which is a constitutional requirement for the enactment of legislation. This ruling has major implications for the matatu industry, which has been critical of the plan to phase out 14-seater vehicles.
NTSA had introduced the plan in 2014 through Legal Notice No. 179, which barred new 14-seater vehicles from entering the road. The move was part of the Rapid Bus Transport program, but it only went as far as the red marking on Thika Road.
Matatu SACCOs had obtained temporary orders to block the directive, and the court's ruling is likely to bring an end to the courtroom battles between the two parties.
With the ruling, public service vehicles can now continue to operate with their current capacity, and the government's plan to phase out 14-seater vehicles has been blocked.
14-Seater Vehicles to Remain on the Roads ¶
Following the court's ruling, 14-seater vehicles can continue to operate with their current capacity. This is a significant relief for the matatu industry, which has been critical of the plan to phase out these vehicles.
