Three people were killed and several others were injured on Tuesday after an oil tanker fell on a tuk-tuk in Kachok, Kisumu County.
Eyewitnesses stated that the driver of the tanker lost control and hit a pavement before falling on its side.
The tuk-tuk was picking passengers by the roadside when it was crushed by the tanker.
[caption caption="The Tuk-tuk tha was Involved in the Accident"]
[/caption]
Among the casualties was a few-months-old baby who was rushed to Jaramogi Oginga Odinga teaching and referral hospital.
Police were forced to fire teargas after hundreds of onlookers thronged the accident scene in an attempt to siphon fuel from the tanker.
Recently, the National Transport and Safety Authority (NTSA) attributed most accidents to careless driving especially and night, leading to a ban on night travel.
Last week, the High Court temporarily suspended the ban after activist Okiya Omtatah filed a case claiming that it had greatly affected public transport.
“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 Justice Enoch Chacha Mwita.
Omtatah 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,” he remarked.
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.
[caption caption="Photo of Migaa Accident"]
[/caption]
