Mom Sacco Ltd & 21 others v National Transport and Safety Authority [2020] KETLABT 20 (KLR)
- Court
- KETLABT
- Case number
- 20
- Citation
- [2020] KETLABT 20 (KLR)
- Decided
- 29 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the decision of the National Transport and Safety AuthorityCoramDick Waweru, Betty Chepng'etich Bii, Moses Parantai, Aden Noor, Prof. Kiarie Mwaura
Holding
The suspension of the Appellants' portals was unlawful and is lifted with immediate effect.
Facts
The Appellants, cooperative societies, were licensed by the Respondent to operate public service vehicles. The Respondent closed their portals on the basis that the vehicles were not compliant with PSV regulations. The Appellants challenged the closure, alleging insufficient notice and lack of a hearing.
Issues
- Whether the suspension of the portals of the Saccos was lawful?
- Whether the Suspension of the Sacco was lawful?
Reasoning
The Appellants were not given a chance to be heard and were not provided with prior notice and reasons for the administrative action, which violated Article 47 of the Constitution and the Fair Administrative Action Act 2015.
Outcome
The suspension of the portals is lifted with immediate effect.
Orders
- The suspension of the Appellants’ portals was unlawful and is lifted with immediate effect.
- The Respondent is restrained from suspending the Appellants’ portals or impounding the Appellants’ vehicles on the basis of the unlawful action arising from this suit.
Authorities cited
Legislation (4)
- Cooperative Societies Act (Cap 490)
- National Transport and Safety Authority Act, No. 33 of 2012
- Fair Administrative Action Act 2015
- Traffic Act
Cases cited (2)
- Onyango Oloo v AG (1986-1989) EA 456
- Pashito Holdings Limited and Another v Paul Nderitu Ndungu & 2 Others [1197] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…