High court has declared the move by the National Transport and Safety Authority to phase out 14 seater matatus as illegal and unconstitutional due to lack of public participation.
Justice Weldon Korir ruled that Regulation 4 of Legal Notice No. 179 of 2014 did not comply with this particular constitutional requirement for enactment of legislation.
“The respondents have failed to prove that there was public participation in the enactment of the impugned regulation,” the judge ruled.
The judge further ruled that the said notice ought to have been submitted to Parliament for approval and the failure to submit it to Parliament rendered it null and void within seven days of its publication.
The court found that it was incumbent upon the makers of the regulations to demonstrate that the public was involved in the enactment of the regulations.
NTSA had published that it shall not license any new Public Service Vehicle as commuter service vehicle whose carrying capacity is less than twenty-five passengers.
