NTSA decision to phase out 14-seater matatus declared illegal

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High Court Judge Weldon Korir saying there was no public participation.

NTSA, in accordance with regulation 4 of Legal Notice No. 179 of 2014, stated that it would not license any new Public Service Vehicle (PSV) whose seating capacity is less than twenty five.

The judge further ruled that Legal Notice No. 179 of 2014 ought to have been submitted to Parliament for approval, hence failure to do so rendered it null and void within seven days of publication.

“It was incumbent upon the makers of the regulations to demonstrate that the public was involved in the enactment of the regulations. The respondents have failed to prove that there was public participation in the enactment of the impugned regulation,” ruled the court.

“The Court therefore finds that Regulation 4 of Legal Notice No. 179 of 2014 did not comply with this particular constitutional requirement for enactment of legislation.”