In Kenya and globally, a driving licence is issued to a person as an authority to allow them to drive a vehicle of any class on the road; however, this right could be taken away.
According to the National Transport and Safety Authority (NTSA), the validity of a driving licence could be revoked if the Authority establishes that the licence was obtained through fraudulent means.
In a conversation with Kenyans.co.ke, the NTSA revealed that once a licence has been revoked, the owner could be barred from subsequent applications or renewals unless the Authority lifts the suspension.
“The only way a transfer of a vehicle can be restricted is if the driving licence was acquired through fraudulent means,” the Authority disclosed.
As per the Constitution, a driver is required to renew their driving licence upon its expiry; the renewal period could either be one year or three years, depending on the driver's preference.
The law, however, prohibits the issuance of a driving licence to individuals who are below the age of 18 years. The regulations also demand all drivers to carry their driving licence at all times while using the road.
During the conversation, NTSA went ahead to reveal circumstances under which a motor vehicle transfer could be restricted. As per the Authority, a vehicle transfer could be stopped if a caveat is placed on the said vehicle.
A caveat is a temporary restriction placed on a motor vehicle to prevent it from being transferred. A caveat can be placed by the original owner of the vehicle or government investigative agencies.
A temporary restriction can be placed if a court gives orders stopping the transfer of a vehicle. However, for a court to issue such a directive, the vehicle owner must explain to the judge why they want the transfer restriction to be placed.
Additionally, NTSA can halt a vehicle transfer if an investigative agency such as the Directorate of Criminal Investigations (DCI), the Kenya Revenue Authority (KRA), or the Ethics and Anti-Corruption Commission (EACC) requests the same.
However, according to the Authority, the aforementioned government agencies can only stop the transfer of a vehicle for 14 days, after which they will be required to obtain a court order to continue preventing the vehicle transfer process.
Further, the NTSA can also restrict the transfer of a vehicle if its investigations establish that the vehicle in question was fraudulently acquired by the new owner.
