Republic v Cabinet Secretary for Transport & Infrastructure & 6 others [2014] KEHC 8459 (KLR)
- Court
- High Court of Kenya
- Case number
- 8459
- Citation
- [2014] KEHC 8459 (KLR)
- Decided
- 19 November 2014
The Court held that the removal of the applicants' number plates was illegal and ordered the respondents to restore them. The Court also held that the applicants' unexpired TLB licences are valid and any attempt to bar them on the basis of the invalidity thereof is illegal, unlawful, and devoid of any legal basis. The Court also held that the prescription of the brands of speed governors rather than the standards was a departure from what was expected of the Cabinet Secretary and hence unlawful.
Facts
The applicants sought orders prohibiting the respondents from removing their number plates and demanding compliance with Legal Notice 217 of 2013. They also sought the release of their number plates.
Issues
- Whether the 3rd Respondent removed the applicants' number plates and whether that action was justified.
- Whether the applicants were required to be issued with new licences notwithstanding the validity of the existing TLB Licences.
- Whether the legal instrument in question was validated before Parliament as provided by the law.
- Whether Legal Notice No. 217 sets out standards or requires particular speed governors and the effect thereof.
- Who should bear the costs of the application.
Reasoning
The Court relied on previous decisions to hold that the removal of number plates and the issuance of new licences were illegal. It also held that the Legal Notice No. 217 was not in line with the law.
Outcome
The application was dismissed.
Orders
- Ordering the respondents to restore the applicants' number plates.
- Ordering the applicants' unexpired TLB licences to be valid and any attempt to bar them on the basis of the invalidity thereof to be illegal, unlawful, and devoid of any legal basis.
Remedies
- Ordering the respondents to restore the applicants' number plates.
Authorities cited
Legislation (2)
- Traffic Act, Cap 403
- Legal Notice No. 217 of 2013
Cases cited (1)
- Republic vs. Cabinet Secretary for Transport & Infrastructure Principal Secretary & 5 others exparte Kenya Country Bus Owners Association & 8 others [2014] eKLR
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