BY NT CORRESPONDENT.
The government has suffered a major blow after the high court issued temporary orders reinstating the issuance of licenses to 14 seater matatus.
Justice Chacha Mwita ordered NTSA to allow the matatu owners to continue renewing the liences and directed that the matter be heard on February 15,2019.
“It is hereby ordered that, an order of prohibition in judicial review be is hereby issued until February 15 ,2019 prohibiting NTSA from effecting sensation (2) and 4 (3) of legal notice 179 of December 31,14 when processing the road PSV license for the petitioners members road service application,” ruled the judge.
This followed after some 24 matatu saccos moved to court seeking orders compelling the government to continue licensing the 14 seater matatus.
Through lawyer Harrison Kinyanjui the saccos accused the government of involving people they believe to be ‘cartels’ in the planned management of Bus Rapid Transit (BRT) to lock lot genuine matatu owners.
“The said road marking designated for the BRT buses has no location in the existing Traffic Rules in the Traffic Act and NTSA cannot bind the petitioners to any commitments, “said lawyer Kinyanjui.
They further argue that the government has not put in place a legislative framework for the BRT.
The 14 seater matatu owners through lawyer Kinyanjui informed the court that NTSA blocked owners of 14 seaters from accessing the portal used by operaters to apply for or renew their road licences after annual inspection.
The Saccos argue that the Government is in one breath trumping up its employment generation measures to the citizens to eliminate poverty and when petitioners take up the gauntlet to create employment by getting the 14 seater PSV vans.
“The petitioners have not been advised by the Respondents as to the fate of their respective PSV busses in the event the Regional metropolitan transport limited becomes the vehicle to effect the BRT program yet the petitioners have invested colossal sums in their respective PSV vehicle,” added Kinyanjui
They are also challenging part of the famous Michuki rules.
They claim that it is unlawful for the NTSA to demand that PSV matatus not spotting the yellow line ought to be denied operating licenses.
It is their argument that the requirement is unconstitutional and a violation of the principle of Rule of Law.
The saccos in the petition are obamana, Ganaki, Manmo, serian, Nakathi travellers, Fourty four owner Co-limite, Embassava cooperatives mong others.
