This archive report was first published on 17 July 2020.
On July 17, 2020, the High Court dealt a significant blow to the National Transport and Safety Authority's (NTSA) bid to phase out 14-seater Public Service Vehicles. Justice Weldon Korir ruled that the regulation was illegal and unconstitutional.
The judge found that NTSA failed to demonstrate evidence of public participation in the regulation, as required by law. Furthermore, the judge ruled that Legal Notice No. 179 of 2014, which introduced the regulation, was null and void within seven days of publication because it was not submitted to Parliament for approval.
According to the ruling, NTSA 'failed to prove that there was public participation in the enactment of the impugned regulation.' The judge emphasized that it was the regulator's responsibility to demonstrate that the public was involved in the enactment of the regulations.
The regulation in question, which barred new 14-seater vehicles from entering the road, was introduced in 2014 as part of the Rapid Bus Transport program. However, the program was largely unsuccessful, with the only notable implementation being the red marking on Thika Road.
The ruling is expected to bring an end to the courtroom battles between matatu SACCOs and NTSA.
