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– High court Judge James Makau said the law does not give any powers to the NTSA to revalidate and close down schools
– Activist Okiya Omtatah had filed the case in court in 2019 challenging new regulations for driving schools and public service vehicles
– Omtatah accused NTSA of acting unlawfully by implementing the yet to be gazetted Traffic (Driving Schools and Instructors) Rules and other policy documents developed in it when it closed down some 51 driving schools
– Omtatah contended that some of the new rules proposed by NTSA were unreasonable, and only meant to benefit a few individuals who want to drive their competitors out of the market
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The High court has declared unconstitutional the withdrawal of Driving School Licences that allegedly led to the closure of over 300 schools.
High court Judge James Makau said the law does not give any powers to the National Transport and Safety Authority’s ( NTSA) to revalidate and close down schools.
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Activist Okiya Omtatah had filed the case in court in 2019 challenging new regulations for driving schools and public service vehicles.
Omtatah contended that some of the new rules proposed by NTSA were unreasonable, and only meant to benefit a few individuals who want to drive their competitors out of the market.
He accused NTSA of acting unlawfully by implementing the yet to be gazetted Traffic (Driving Schools and Instructors) Rules and other policy documents developed in it when it closed down some 51 driving schools.
He contended that on April 30, 2019, NTSA initiated the impugned revalidation exercise by publishing a public notice in the press and posting it in other media including on its website.
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The notice required all operators of driving schools to download the Driving school revalidation forum from its website and submit a completed form to the nearest NTSA offices within 14 days from the date of the notice, failure to which their licenses would be revoked.
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Justice Makau issued an order quashing the revalidation of driving school licenses. He said NTSA undertook the revalidation exercise of driving schools under the Traffic (Driving Schools, Driving Instructor and Driving Licences) Rules 2018 and not the Traffic (Driving Schools) Rules, 1971.
This according to the court documents led to the closure of 332 driving schools using the void 2018 Rules and not the 1971 Rules.
At the same time, Judge Makau said an order compelling NTSA to compensate all affected driving schools for the business they have lost cannot be granted.
As earlier reported by TUKO.co.ke, NTSA revoked the licenses of 51 driving schools across the country over failure to submit the required documents for validation.
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A statement from the NTSA further divulged that the suspension of the driving institution's licenses was aimed at weeding out those who were not fully in compliance with all the set requirements. Meanwhile, documents of other driving schools are still being assessed for compliance.
Additional reporting by Ziporah Weru
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Source: TUKO.co.ke
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