Express Prestige Shuttle Ltd v National Transport & Safety Authority [2021] KETLABT 639 (KLR)
- Court
- KETLABT
- Case number
- 639
- Citation
- [2021] KETLABT 639 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision to suspend the operation of the Appellant's vehiclesCoramDick Waweru, Moses Parantai, Aden Noor, Betty Bii, Prof. Kiarie Mwaura
Holding
The suspension of the Appellants' vehicles was unlawful and is lifted with immediate effect.
Facts
The Appellant, Express Prestige Shuttle Ltd, was suspended by the Respondent, National Transport and Safety Authority, on 29th September 2020 due to an alleged incident of reckless driving. The Appellant sought to lift the suspension and argued that it was unconstitutional and without due process.
Issues
- Whether the Respondent satisfied all the conditions under the Fair Administrative Action Act of 2015 before suspending the vehicles?
- Whether the Respondent gave a notice, hearing, and reasons for the decision?
Reasoning
The Respondent did not give a requisite notice prior to the suspension, violating Article 47 of the Constitution and the Fair Administrative Action Act 2015.
Outcome
Appeal upheld, suspension lifted
Orders
- The suspension of the Appellants' vehicles is lifted with immediate effect.
- The Respondent is restrained from suspending the Appellants' portals and vehicles or impounding the Appellants' vehicles on the basis of the unlawful action arising from this suit.
- The Respondent is at liberty to issue a fresh notice, conduct a hearing, and take administrative action that is lawful.
Authorities cited
Legislation (3)
- Fair Administrative Action Act of 2015
- Traffic Act
- National Transport and Safety Authority Act, No. 33 of 2012
Cases cited (2)
- Onyango Oloo vs. Attorney General [1986-1989] EA 456
- Peter Kaluma, Judicial Review: Law Procedure and Practice (LawAfrica, Second Edition, 2012)
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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