High Court judge Eric Ogola is expected to rule on a case seeking temporary orders to restrain the NTSA from enforcing the use of the digital speed governors until the case challenging the legality of the gadgets is concluded.
The hearing of a dispute between transporters and the National Transport and Safety Authority (NTSA) over the installation of smart speed governors is expected to resume in Mombasa Tuesday.
High Court judge Eric Ogola is expected to rule on a case seeking temporary orders to restrain the NTSA from enforcing the use of the digital speed governors until the case challenging the legality of the gadgets is concluded.
On Tuesday last week, when the petition the Kenya Transporters Association (KTA) filed came up for hearing, Justice Ogola said he would not issue the temporary orders sought until the Attorney-General filed his response.
The Attorney-General, who is representing the NTSA, said through litigation counsel Nguyo Wachira the delay to file response was due to similar cases pending at the High Courts in Chuka and Nairobi.
The judge directed the Attorney-General to file a response within five days and allowed the Kenya Tours Drivers Guide Association to be enjoined in the suit as an interested party.
The association argued that its vehicles, which carry tourists are required for inspection periodically hence the new NTSA directive had a serious effect on its operations.
“The applicant stands to be affected by NTSA’s directive and it is thus fair that they be enjoined in the petition,” said the association through lawyer Titus Kirui.
The transporters want a declaration that agency’s demand to have them fit speed governors with a recorder and date transmitter commonly referred to as KS2295:1:2018 is illegal.
In its petition, the KTA said on October 1, NTSA refused to issue it with vehicle inspection certificates, citing the need to install the speed governors.
Through lawyer Jack Matheka, they argued that there was no gazette notice to enforce the NTSA order.
“There is no provision in the law that provides for the petitioner or any member of the public to relay to NTSA real-time location of their vehicles,” said the KTA.
The transporters added that the data transmitted to NTSA servers include alerts every time the vehicle speeds, which would mean incriminating oneself contrary to the law.
“The respondent’s action has caused grave loss to the petitioner due to the sudden decision to implement the (upgraded) governor to obtain compliance and be issued with a Transport Licensing Board licence,” they argued.
“The only reason that the respondent is demanding for the petitioner to comply is that the new gadget can transmit any infraction by the motor vehicle directly to them,” said KTA chief executive Dennis in his affidavit.
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