The High Court on Thursday temporarily suspended a ban issued on night travel by the National Transport and Safety Authority (NTSA) and the National Police Service.
Justice Enoch Chacha Mwita issued the order in the case filed by activist Okiya Omtatah.
“Pending the hearing and determination of this case, the court is pleased to suspend NTSA and the police service’s undated as well as unsigned joint press statement which suspended night travel for all long distance Public Service Vehicles from December 31, 2017,” stated the judge.
[caption caption="Activist Okiya Omtatah"]
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Mr Omtatah argued that the ban had affected public transport and faulted the government for not protecting PSV operators.
He also stated that there are no provisions in the law which support the policy banning night travel.
“The impugned press statement banning night travel is void for contravening clear provisions of the Constitution and the Fair Administrative Action Act.
“If Court does not interdict the impugned statutory instrument and insist that the proper procedure must be followed in the making of regulations, Kenya’s constitutional and legal framework concerning statutory instruments, due process, rule of law as well as the constitutionalism in general, will be overthrown,” stated Omtatah.
NTSA issued the ban on long distance night travel for Public Service Vehicles (PSVs) in December 31, 2017, following an accident that claimed 36 lives at Migaa near Salgaa.
NTSA Director-General Francis Meja noted that their reports indicated most accidents occur at night and they had to act quickly to reduce deaths on roads.
All travel operators were then ordered to schedule their trips between 6 and 7 pm.
The Safety Authority maintained that the ban was meant to allow for a review of the effectiveness of measures currently in place to improve road safety.
The accident sparked serious public outrage among Kenyans with many questioning when a lasting solution to road carnage, especially along the Sachang'wan-Salgaa section of the Nakuru-Eldoret highway would be found.
[caption caption="NTSA Director General Francis Meja"]
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