Nakili Sacco & 3 others v National Transport and Safety Authority & 2 others (Tribunal Case 17 of 2016) [2016] KETLABT 7 (KLR) (7 December 2016) (Judgment)
- Court
- KETLABT
- Case number
- 7
- Citation
- [2016] KETLABT 7 (KLR)
- Decided
- 7 December 2016
The licenses granted to Expresso Ltd were lawful, but the First Respondent, NTSA, had not responded to Super Metro's application for route extension, and the Board orders NTSA to respond within seven (7) days.
Facts
Nakili Sacco and other Sacco companies were licensed by the National Transport and Safety Authority (NTSA) to operate public service vehicles. Nakili Sacco filed an appeal alleging unlawful licensing of a new operator, Espresso Ltd, and violation of their right to a response regarding a route extension application.
Issues
- Whether the Second Respondent complied with the requirement to have a minimum of 30 vehicles for registration.
- Whether the Second Appellant's right was violated for not receiving a response from NTSA regarding their application for route extension.
- Whether Saccos can lay claim on the ownership of specific picking and dropping points.
Reasoning
The Board found that the Second Respondent complied with the requirement of having 30 vehicles for registration. However, it noted that NTSA had not responded to Super Metro's application for route extension and ordered NTSA to respond within seven days.
Outcome
Appeal dismissed, order for NTSA to respond to Super Metro's application within seven days.
Orders
- Order for NTSA to respond to Super Metro's application for route extension within seven days.
Authorities cited
Legislation (3)
- National Transport and Safety Authority Act No. 33 of 2012
- Fair Administrative Action Act of 2015
- City of Nairobi (General Nuisance) Bylaws of 2007
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