The National Transport and Safety Authority (NTSA) has according to reports, suspended the provision of its services to all driving schools after losing a case in the Kenyan High Court.
The National Transport and Safety Authority (NTSA) when making the announcement revealed the decision was made in order to comply with the orders by the High Court.
A notice which was signed by Macharia and the Director General of the National Transport and Safety Authority (NTSA); George Njao stated that, “Pursuant to the suspension and through this notice, the public is hereby notified that the NTSA has halted the services listed below in compliance with the judgement as all legal options are explored.”
Justice Anthony Murima had in January of 2022 ordered the suspension of the implementation of the Traffic (Driving Schools, Driving Instructors, and Driving Licences) Rules 2020. The Traffic Rules 2020 would have made it possible for the Senate and National Assembly to carry out reviews on them.
The High Court also instructed that James Macharia who is the Transport Cabinet Secretary refer the new rules to the Speakers of both the Senate and National Assembly within a period of fourteen (14) days for deliberation before said rules are then approved and gazetted.
The National Transport and Safety Authority (NTSA) made it known that it had sent the new rules to the Senate and National Assembly and suspended their implementation.
Some of the services that have been suspended are the licensing of driving school instructors, the renewal of licenses for driving school instructors, and the licensing of driving schools.
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All provisional driving license applications have now been suspended along with test bookings for driver trainees and driving school instructors, and driving school instructor and trainee driver testing.
As expected, the suspension by the National Transport and Safety Authority (NTSA) is not sitting well with driving school owners who have accused the Transport Authority of being malicious.
The Chairperson of the Kenya Driving Schools Association; Samuel Kamau believes that the decision is aimed at punishing them and Kenyans in general.
In his words, “The NTSA is not honest in its actions. By shutting down the system, their aim is to punish us for going to court to challenge their illegal rules.”
According to Samuel Kamau the Kenyan government should permit other agencies that were in existence before the takeover by the National Transport and Safety Authority (NTSA) to continue to provide the services before the new rules get considered by the Kenyan Parliament.
The National Transport and Safety Authority (NTSA) has been in the midst of numerous concerns about whether or not it is efficient.
The increase in cases of illegal number plates has also contributed to exposing the problems which have resulted from the absence of a system for vehicle registration in Kenya, that is centralized.
So far, a significant number of vehicles have already been seized majorly in Kenya’s capital of Nairobi. The confiscations have however led to concerns about how the specialized plates which were on the roads for almost 12 months, were authorized and distributed.
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A majority of the offenders have been high end vehicle users, as well as government employees including those who travel in Government of Kenya (GK) plated vehicles.
After the removal of the function from the Kenya Revenue Authority (KRA) as a result of concerns over security, the Ministry of Interior is now in charge of the production of the number plates as well as the registration of vehicles via the National Transport and Safety Authority (NTSA).
The National Transport and Safety Authority (NTSA) also recently lost its mandate as traffic instructors following a decision by the High Court to uphold the transfer of said mandate to the National Police Service (NPS) instead.
Justice Anthony Mrima provided the Transport Cabinet Secretary; James Macharia with a period of fourteen (14) days to resubmit a copy of explanatory memorandum as well as the 2020 Traffic Rules to the Parliament.
Justice Anthony Mrima also gave the same orders to the Senate and the National Assembly instructing them to speed up the process of making sure that the traffic rules in Kenya are obeyed at all times.
This occurred after a case was filed against the National Transport and Safety Authority (NTSA), the Inspector General of Police, the Attorney General, and the Ministry of Transport by the Kenya Driving Schools Association (KDSA) so as to have an interpretation regarding a directive issued in 2020. Said directive required them to apply afresh for licenses and also pay 30,000 Kenyan Shillings.
The judgement by Justice Anthony Mrima occurred not long after the Interior Cabinet Secretary; Fred Matiang’i ordered that all dealers in motor vehicles with operations in Kenya must get new licenses by the 1st of April 2022.
The National Transport and Safety Authority (NTSA) in 2017 migrated the registration process for automobiles online. The move was in response to various concerns regarding fraud occurring in the industry.
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Following the change, applicants could simply register and subsequently transfer automobiles through the use of the Transport Integrated Management System (TIMS) online platform.
The Transport Integrated Management System (TIMS) online platform however comes with its own issues that authorities believe could make room for compromise and infiltration.
It is believed that it also made it possible for cloned number plates to be manufactured, the illegal transfers of vehicles, the production of fraudulent logbooks, and the unlawful registration of vehicles with unpaid taxes.
The National Transport and Safety Authority (NTSA) has in addition, been accused of aiding the syndicate in question and by so doing, putting the lives of unknowing motorists in danger.
In 2018 the National Transport and Safety Authority (NTSA) went through a major reorganization due to efforts by the top officials to make operations simpler and do away with corrupt entities.
The President of Kenya; President Uhuru Kenyatta, ordered the National Transport and Safety Authority (NTSA) to leave the highways making known that traffic management should be left to the traffic police.
President Uhuru Kenyatta added that the decision is intended to reduced the occurrence of Kenyans dying in traffic accidents an occurrence that has sadly increased in recent years.
According to reports, the National Transport and Safety Authority (NTSA)’s response in the past had been to declare that the region was a “Black Spot”. An affected area being referred as a “Black Spot” does not however, have any effect on whether or not a crash would occur.
It is believed that irregular driving close to affected areas as a result of anxiety, would increase the chances of collisions and wrecks.
Additional research would need to be conducted in order to correctly determine the causes of accidents in areas classified as “Black Spots”, as well as the necessary measures needed to reduce said accidents.
In the past, the National Transport and Safety Authority (NTSA) has been accused of disturbing drivers instead of promoting safe transportation, and taking over the duty of the National Police Service (NPS) by arresting and subsequently exposing criminals.
The National Transport and Safety Authority (NTSA) has also been accused of catching speeding motorists instead of publicly advising cars to obey speed limits and reminding them of the penalties for defaulting.
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