Passengers queue to board a bus in Mombasa. Thousands of travellers have been stranded as restrictions on night operations imposed on buses and matatus continued to be felt. FILE
Owners of long distance public transport vehicles have moved to court seeking to reverse the government’s ban on night travel.
The operators filed a suit at the High Court in Nairobi on Tuesday under a certificate of urgency, arguing that the State infringed on their rights given that their licences permit both day and night travel.
The suit was filled as the Transport Secretary remained adamant over the ban which was enforced during the Christmas holidays.
The operators are seeking a “judicial review order to quash the decision by the National Transport and Safety Authority (NTSA) to ban night travel operations of duly licenced public service operators.”
Thousands of travellers have been stranded as restrictions on night operations imposed on buses and matatus continued to be felt, sparking a rally in fares.
Hardest hit were those travelling from upcountry to major towns and parents taking their children back to school.
PSV owners have listed the Ministry of Transport, NTSA, the Inspector General of Police and Traffic Police as respondents.
The operators said that they hold licences issued by the Transport Licensing Board (TLB), the predecessor to NTSA, which are yet to be revoked.
On Tuesday Transport Cabinet Secretary Michael Kamau said operators wishing to make night travel must apply for a separate permit.
“NTSA will consider applications for night operations from public transport operators who have fully complied with the new regulations,” said Mr Kamau.
Some of the requirements include having two drivers on duty, installation of speed governors and proof of the drivers’ fitness to navigate at night.
Operators will pay Sh3,000 for a permit which will be restricted to certain routes, according to the minister.
Mr Kamau said the new regulations had curbed accidents, adding that the number of fatalities recorded between January 1 and 6 has dropped to 78 compared to 110 last year.
MP Maina Kamanda, the chairman of the Parliamentary Committee on Transport, yesterday called on the government to reverse the ban.
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