Mushi v National Transport and Safety Authority (Appeal TLAB/E049 of 2022) [2023] KETLABT 660 (KLR) (Civ) (21 August 2023) (Judgment)
- Court
- KETLABT
- Case number
- 660
- Citation
- [2023] KETLABT 660 (KLR)
- Decided
- 21 August 2023
The Appellant's application is dismissed. The Appellant failed to prove that the criminal matter was concluded, and the Respondent Authority has the right to deny the application based on the outstanding remarks on the PCC.
Facts
The Appellant, Stephen Kisiangani Mushi, applied for a Public Service Vehicle Badge (PSV Badge) but was denied due to outstanding remarks on his Police Clearance Certificate (PCC). He challenged the decision, alleging that the criminal charge against him in 2001 was dismissed due to lack of evidence.
Issues
- Whether the Respondent has a right not to grant the Appellant a PSV Badge on grounds that he had a criminal record?
- Whether the Appellant's application for a PSV Badge should be approved notwithstanding the remarks on his PCC?
Reasoning
The court established that a Police Clearance Certificate (PCC) is a prerequisite for obtaining a PSV Badge. The Appellant did not provide a PCC, and despite efforts by the Respondent, no evidence was provided to support the conclusion of the criminal matter.
Outcome
Appeal dismissed
Orders
- The case is dismissed.
- Each party should bear its own costs.
Authorities cited
Legislation (2)
- National Transport and Safety Authority (Operation of Public Service Vehicles) Regulations, 2014
- Traffic Act
Cases cited (2)
- Bwire v Wayo & Sailoki (Civil Appeal 032 of 2021) [2022] KEHC 7 (KLR)
- Hellen Wangari Wangechi v Carumera Muthini Gathua [2005] eKLR
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