BY SAM ALFAN.
High court has suspended gazette notice requiring inspection of 4 year old motor vehicle, the demand for 50 KPH speed limited and the renewal of driving license on line. Until further order are issued by the court.
Justice George Odunga, said the the regulations has published will not applicable due non specification especially on the speed limit.
The judge said, that has demonstrated by Harrison Kinyanjui the lawyer for LSK not all Kenyans have acces to Internet connectivity to apply for licences.
The judge directed that the matter be mentioned on 7 November for further directions.
The Law Society of Kenya filed an application seeking orders to stop the intended inspection of 4 year old motor vehicle, the demand for speed limited and the renewal of driving license on line.
LSK claim that the recently published notices by the National Transport and Safety Authority (NTSA) requiring the owners of motor vehicles to drive at the speed limit of 50 KPH without giving specific points is in violation of the constitution.
The lawyer’s body through their advocate Mr Kinyanjui, argued that regulation have been published without coming up with proper procedure to ensure the member of the public are safe from being harassed by the police.
NTSA has threatened that come January 15, 2015 all motor vehicles above 4 years should be subjected to mandatory inspection before being admitted on the road.
The provisions under which the regulation is brought for inspection are punitive and contrary to the law.
Kinyanjui says that the public notice published by NTSA which purports that effective 15 November 2014 all driving licences that have expired have to be acquired from NTSA online, saying that authority has not given other mode of accessing payments for such administrative action.
” By limiting the renewal of validly issued driving licences to on line access which itself restrictive and oppressive to the large numbers of Kenyans who are not able to access the Internet connectivity across the country online payment and renewal fees” he says.
The lawyer told Justice Odunga, that 72 per cent lack access to Internet connectivity, saying this substantially larger numbers of Kenyans whose freedom will be deprived by the new regulation as published by NTSA.
He wants the court to quash the gazette notice, prohibit and compel NTSA, Cabinet secretary for Transport and Infrastructure,the traffic commandant and Kenya roads board to oversee and ensure the erection of road signs prescribing the requisite speed limit.