Appeals Board orders NTSA to issue license to Samper transport company

Samper Cabs, a company with seven-seater motor vehicles plying the Nairobi-Kisumu route offers public transport services.

The Transport Licensing Appeals Board led by its Chairman Adrian Kamotho also directed the company to ensure that all its fleet of vehicles are well maintained and never in a dirty or neglected condition. 

“Not operate within its fleet vehicles that are fitted with tinted windows or windscreen, Observe prescriptions on maximum driving hours in any period of twentyfour hours,” Smaper Cabs Limited were ordered.

The direction were issued after Samper Cabs Limited moved to the Board accusing NTSA of allegedly denied them an operating licence.

It was Samper’s submission that its employees have been arrested severally and forced to pay fines because of failure to obtain requisite licenses, install speed governors and emboss the yellow band on their vehicles. 

“Despite frantic efforts to be issued with the road service license......it has hit a brick wall owing to the decision taken by the 1st Respondent, declining to register its motor vehicles,” Samper argued.

On its part NTSA argued that appellants’ motor vehicles fall under two categories, private car hire and taxi cabs and since both have the seating accommodation of seven passengers minus the driver. It is NTSA’s argument that such category of vehicles ought to be licensed by County Governments.

The board in its decision ruled that failure to license any class of vehicles for whatever reason would amount to dereliction of the statutory mandate conferred upon NTSA to administer the Traffic Act as well as to implement policies relating to road transport and safety.

“It is not sufficient for NTSA to state that the aforesaid vehicles are not within their regulatory jurisdiction. It is well demonstrated herein that the law provides the requisite tools to the Respondents to crack down on the unlicensed private cars that continue to endanger the public,” ruled the Board.