High Court orders NTSA to hand over mandate on driving schools, instructors and driving licenses

A High Court ruling has stripped off some powers from the National Transport and Safety Authority (NTSA) handing the mandate to the police.

The police will now be responsible for conducting driving tests which entails a test of the knowledge of the highway code traffic signs, road safety test and a practical driving test which is conducted over a distance of two kilometers.

Justice Anthony Mrima, in his judgement, suspended the implementation of the Traffic Rules 2020 which affected driving schools, driving instructors and driving licenses.

Among the requirements of the laws was for driving schools to make fresh applications for operating licenses from NTSA at a fee of Sh30,000. The Kenya Driving Schools Association took the matter to court filing a case against the Inspector General of Police, the Attorney General, the Ministry of Transport and NTSA.

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Justice Mrima, therefore, ordered that the Cabinet Secretary for Transport James Macharia, to submit copies of the judgement to the Speakers of both the National Assembly and the Senate.

“The CS is also ordered to submit the copy of the court’s judgement and decree to Speakers of both Houses of Parliament,” Mrima said in his ruling.

The Judge added that if both houses are unable to finalize on the rules within the remainder of the 12th Parliament's term, then the next terms of parliament with deal with them.

“In the event that any or both Houses are unable to finalize dealing with the rules within the remainder of their terms, the said rules shall be dealt with in the next term of parliament,” he ruled.

The transport sector is undergoing major change, the most recent being the replacement of plates for a number of motorists.

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CS Matiang’i made the unveiling after receiving a report on the revalidation of motor vehicle dealers and operators of garages by a multi-agency team on Friday January 28, 2022.

The government has moved to tighten regulations and curb proceeds of crime laundered through such businesses to fund terrorism among other criminal activities.

“The new special plates for garage operators (KG), tow trucks (KT) and container freight stations (KC) launched by NTSA will replace the red KG plates as from February 1, 2022,” CS Matiang’i said.