SKM v National Transport and Safety Authority (Appeal E038 of 2022) [2023] KETLABT 682 (KLR) (16 August 2023) (Judgment)
- Court
- KETLABT
- Case number
- 682
- Citation
- [2023] KETLABT 682 (KLR)
- Decided
- 16 August 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision of the National Transport and Safety AuthorityCoramDR. ADRIAN KAMOTHO, JOSEPH MCDONALD, MARYAN HAJIR, JAMES NGOMELI, WAITHIRA MUIRURI
Holding
The Appellant should be issued with a PSV Badge within 14 days, and the order is enforceable for one year.
Facts
The appellant, SKM, applied for a PSV Badge but was denied due to remarks on his Police Clearance Certificate (PCC). The PCC had
Issues
- Whether the Respondent has a right to refuse to grant a PSV Badge to the Appellant on grounds that he had a criminal record?
- Whether notwithstanding the remarks on the Appellant’s Police Clearance Certificate (PCC) the Appellant’s application for a PSV Badge should be approved?
Reasoning
The Respondent's action was based on outdated information in the PCC, which violated the Data Protection Act, 2019. The Appellant did not have an outstanding criminal matter.
Outcome
Affirmed
Orders
- The respondent authority to issue the appellant with a PSV badge within fourteen (14) days.
- This order is enforceable for a period of one year from the date it is delivered.
- The order be served upon NTSA and the Traffic Commandant.
Authorities cited
Legislation (2)
- National Transport and Safety Authority Act No. 33 of 2012
- Data Protection Act, 2019
Cases cited (2)
- Barnes v. Tofany, 27 NY2d 74 (1970)
- Article 47 of the Constitution of Kenya, 2010
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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