Matunda v National Transport and Safety Authority (Appeal E006 of 2022) [2022] KETLABT 830 (KLR) (16 November 2022) (Judgment)

Facts

The appellant, Ondieki Daniel Matunda, holds A, B, C, and E licenses issued by the respondent, National Transport and Safety Authority (NTSA). He has been driving under these licenses for 15 years. The NTSA refused to reinstate his earlier classes and advised him to do a fresh driving test, citing the need for a class A or D2 endorsement on his license.

Issues

1. Whether the appellant has adduced enough evidence to prove that he had a class A stamp on his driving license to enable him drive D2 vehicles and whether he is entitled to class D2 endorsement on his driving license.
2. Whether the National Transport and Safety Authority infringed on the appellant’s right to fair administrative action when it made the decision that the appellant should go back to driving school for class D2 endorsement on his license.

Reasoning

The appellant has proved that he has been driving for more than 40 years and that hence above 24 years, which makes him entitled to a class D2 endorsement. The appellant has also furnished copies of his driving license which he has constantly renewed from 2011. The driving license dated February 9, 2017, and which expires on February 9, 2018, bears a signature against class A, which according to the regulations is equivalent to class D2.

Outcome

Affirmed

Authorities cited