Speed governors firm sues NTSA in licence row

What you need to know:

  • The company claims in court filings that it is in an irrevocable contract with Portugal-based Frotcom International that makes the devices.
  • State agencies had on January 30, through a joint notice published in the newspapers, revoked the approval of four speed limiter firms and suspended 11 others.

A supplier of speed governors has sued the National Transport and Safety Authority (NTSA) over the revocation of its licence.

Frotcom East Africa Limited has also sued the Ministry of Transport and Infrastructure and the Kenya Bureau of Standards (Kebs), seeking orders to reinstate its licence for the supply and fitting of digital speed limiters and recorders as well as the installation of fleet management systems in public service vehicles until the matter is heard and determined.

Frotcom said it had met all the prerequisite requirements and specifications to be certified, approved and licensed as a supplier for the speed limiters, which the government approved early last year.

The company claims in court filings that it is in an irrevocable contract with Portugal-based Frotcom International that makes the devices.

The State agencies had on January 30, through a joint notice published in the newspapers, revoked the approval of four speed limiter firms and suspended 11 others.

The notice warned the public against undertaking new installations of speed governors from the firms, adding that the revocation was based on evidence of non-compliance with Kebs requirements while the performance of the suspended brands of limiters, was below 50 per cent.

“The respondents simply  allude  to having undertaken  a comprehensive  evaluation of the performance of speed limiters and recorders but it fails to deliberately disclose when, how where and  by whom the same was conducted and the parameters and benchmarks that were applied in arriving at determining whose licences would be revoked and those that would be given a clean bill of health,” said Frotcom.

It accuses the State agencies, which are yet to file their response to the suit, of failing to give any prior notice and fair hearing before the revocation of the licence. The firm said without a temporary injunction many operators will lose their licences, leading to loss of livelihoods.

“The said revocation if not set aside of if in the licence is not reinstated pending the hearing and determination of the substantive application, the applicant and its many clients including transport saccos, corporations and individual entrepreneurs whose vehicles have been fitted with the governors are likely to suffer irreparable loss,” it said.

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