The Kenya National Highways Authority (KeNHA) has found itself on the wrong side of the law after being ordered to pay a hefty fine to a Mombasa bus company for illegal detention.
KeNHA has been ordered to pay Chania Bus service Ksh 850,000 for detaining the bus without following laid down laws.
In a ruling delivered by Mombasa Resident Judge Eric Ogola, KeNHA was found to have overstepped on its mandate in forcefully detaining the bus on grounds that it was carrying excess passengers.
“I find and hold that KeNHA violated the law and acted in excess of the powers vested upon them."
“The petitioner be and is hereby awarded the sum of Sh850,000, as damages suffered from the loss of business from the said vehicle for 34 days at Sh25,000 per day,” Justice Ogola ruled.
Moreover, the roads authority was found to have infringed on Chania’s right to ownership of property when the bus was under detention for a period of 34 days.
“The petitioner was deprived of the use of his property without being accorded a hearing. The weighing ticket and prohibition order served upon the petitioner’s driver did not amount to an explanation as to why the vehicle was being seized,” the judge stated.
The bus was intercepted at Dongo Kundu which forced the passengers who were on board to spend the night at the weighbridge station.
The officer who intercepted the bus demanded Ksh 109,825 as a condition to release the bus.
Chania bus later decided to sue the authority for infringement of its fundamental rights to enjoy a fair legal hearing.
“KeNHA can only supervise and regulate cargo transport,” Chania Genesis manager Joseph Ndung’u said.
The company decried that it made a loss after the detention.
According to the company, the vehicle would normally make a profit of Ksh 36,712 which accumulated to millions during the interception period.
