Mom Sacco Ltd & 21 others v National Transport and Safety Authority [2020] KETLABT 33 (KLR)
- Court
- KETLABT
- Case number
- 33
- Citation
- [2020] KETLABT 33 (KLR)
- Decided
- 9 November 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision to suspend a cooperative society's portalCoramDick Waweru, Moses Parantai, Prof. Kiarie Mwaura
Holding
The suspension of the Appellants' portal is lifted with immediate effect, and the Respondent is restrained from impounding the Sacco's vehicles on the basis of circumstances arising from this suit.
Facts
The cooperative societies (Appellants) were licensed by the Respondent to operate public service vehicles. The portal was closed on October 20, 2020, due to non-compliance 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 on the evidence and material placed before court, the Appellant has satisfied the conditions upon which a temporary injunction can be granted?
Reasoning
The Appellants were not given a hearing, which is a breach of Article 47 of the Constitution. The Appellants have a high probability of success and are likely to suffer irreparable injury due to the suspension.
Outcome
Affirmed
Orders
- Suspension of the Appellants' portal lifted
- Restraint on impounding Sacco's vehicles
Remedies
- Lifting of suspension
- Restraint on impounding vehicles
Authorities cited
Legislation (4)
- Cooperative Societies Act
- National Transport and Safety Authority Act
- Fair Administrative Action Act 2015
- Traffic Act
Cases cited (1)
- Giella vs Cassman Brown & Company Limited (1973) E A 358
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.
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