Migori County Transport Sacco Ltd v National Transport and Safety Authority [2021] KETLABT 653 (KLR)
- Court
- KETLABT
- Case number
- 653
- Citation
- [2021] KETLABT 653 (KLR)
- Decided
- 22 March 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the Transport Licensing Appeals BoardCoramDick 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 Appellant, Migori County Transport Sacco Ltd, challenged the closure of its portal by the Respondent, National Transport and Safety Authority, due to non-compliance with PSV regulations.
Issues
- Whether the suspension of the Sacco's portal was lawful?
- Whether the Sacco was given a chance to be heard before the closure of the portal.
Reasoning
The Appellant was not given a chance to be heard, which is a fundamental right under Article 47 of the Constitution.
Outcome
Affirmed
Orders
- The suspension of the Appellants' portals is lifted with immediate effect.
- The Respondent is restrained from suspending the Appellants' portals or impounding their vehicles on the basis of the unlawful action.
- The Respondent is at liberty to issue a fresh notice, conduct a hearing, and take lawful administrative action.
Authorities cited
Legislation (2)
- Fair Administrative Action Act 2015
- National Transport and Safety Authority Act 2012
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.
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