Justice Anthony Mrima ruled that a crucial step in the making of a subsidiary legislation was not properly undertaken, putting the validity of the rules to serious constitutional and legality tests.
Justice Mrima, however, found that although National Transport and Safety Authority conducted public participation as required, the Senate only dealt with 10 of the 47 rules.
Driving schools have been spared from the requirement to build their own infrastructure including model highways, among other rules after the High Court asked Parliament to reconsider regulations governing the sector.
Justice Anthony Mrima ruled that a crucial step in the making of a subsidiary legislation was not properly undertaken, putting the validity of the rules to serious constitutional and legality tests.
The Traffic (driving Schools, Driving Instructors and Driving licenses) Rules, 2020 was challenged by the Kenya Driving Schools Association, arguing that there was no adequate participation before the rules were enacted.
Justice Mrima, however, found that although National Transport and Safety Authority conducted public participation as required, the Senate only dealt with 10 of the 47 rules.
“Given the above state of affairs and in view of the scrutiny role imposed upon the Houses of Parliament, this court finds and hold that the Senate did not sufficiently scrutinise the impugned rules,” the judge said.
“The Senate also failed to satisfy itself that the impugned Rules were in compliance with Section 13 of the Instruments Act.”
