Win for Matatu Operators as Court Reverses NTSA Order

A file image of matatus parked along Accra road in Nairobi County.
A file image of matatus parked along Accra road in Nairobi County.

Matatu operators will no longer be required to produce a certificate of good conduct from police to acquire Public Service Licences and badges, the Transport Licensing Appeals Board (TLAB) ruled. 

According to a statement by the Board CEO, Andrew Kimani on Thursday, November 10,  the ruling was issued after complaints were raised by the public. 

The Tribunal affirmed that the order reversed the mandate from the National Transport and Safety Authority (NTSA) that required all matatu operators to produce a clearance certificate before receiving any form of license. 

Matatus wait for passengers on Accra road in downtown Nairobi.
File photo of public service vehicles (PSV) waiting for passengers on Accra road in Nairobi.
Photo
Ma3route

TLAB, a Tribunal under the Judiciary, is mandated under sections 38 and 39 of the 2012 NTSA Act to hear and determine appeals against NTSA's licensing decisions. 

"The Tribunal has received numerous cases involving members of the public requiring Public Service Vehicles Licenses that need Police Clearance Certificate as a requirement from NTSA before being issued. 

"The Tribunal recently made a Ruling as per the cases filed and declared that there is NO Legal basis to subject Matatu operators a conditionality of a Police Clearance Certificate (Formerly Good Conduct) for them to acquire PSV licenses (badge) or any other form of a license issued by NTSA.

Speaking to Kenyans.co.ke, Matatu Owners Association (MOA) chairman, Simon Kimutai welcomed the move and affirmed that it would aid in enhancing the matatu operators to effectively operate. 

He also pointed out how licenses hindered businesses that in most cases have to cough up cash in a bid to function. 

"I agree with the Tribunal that this is a move which will aid matatu operators to effectively conduct business. Some of these practices, if not taken care of, encourage corruption. In some cases, you need 10 licenses for one to transact and this hinders businesses," he noted. 

He urged that TLAB's move ought to be followed in other sectors to effectively expunge all barriers that hinder business operations. 

"It's something that they should look at, all issues of licenses. Businesses are suffering. Getting a license requires qualifications.

"If someone is adding another license it becomes an issue They delay and police are waiting to see if you have a license and if not, you face the law," Kimutai added. 

MOA Chairman Simon Kimutai (right) speaks during a press conference on road carnage in the country at the MOA offices in Nairobi on January 4, 2018.
MOA Chairman Simon Kimutai (right) speaks during a press conference on road carnage in the country at the MOA offices in Nairobi on January 4, 2018.
Daily Nation
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