Kangemi Matatu Owners Sacco Society v National Transport and Safety Authority & 2 others; Westlands Watch for Peace, Gender & Development & 2 others (Interested Parties) (Appeal 7 of 2020) [2022] KETLABT 780 (KLR) (Civ) (12 October 2022) (Judgment)
- Court
- KETLABT
- Case number
- 780
- Citation
- [2022] KETLABT 780 (KLR)
- Decided
- 12 October 2022
The Court held that the NTSA did not need to involve stakeholders before granting the license to Latema Travellers Bus and Safaris Ltd.
Facts
Kangemi Matatu Owners Sacco Society is a cooperative licensed by the National Transport and Safety Authority to operate service vehicles. Latema Travellers Bus and Safaris Ltd is a licensed public service vehicle operator. Nairobi City County is a county government that has the mandate to manage devolved transport functions. The Appellant and interested parties argue for public participation before granting licenses, while the Respondents argue for the authority's discretion.
Issues
- Whether the National Transport and Safety Authority (NTSA) is required to involve stakeholders before granting a license to Latema Travellers Bus and Safaris Ltd
Reasoning
The Court considered the provisions of the National Transport and Safety Authority Act No 33 of 2012 and the Fair Administrative Action Act, 2015, and found that the Act gives the NTSA discretion to grant or deny licenses without requiring public participation.
Outcome
Affirmed
Orders
- The decision to grant the license to Latema Travellers Bus and Safaris Ltd is upheld
Authorities cited
Legislation (2)
- National Transport and Safety Authority Act No 33 of 2012
- Fair Administrative Action Act, 2015
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