Lawyer Harrison Kinyanjui leaves Milimani law court after he obtained orders suspending his client Nazigi Sacco was lifted.
BY SAM ALFAN.
High court has ordered the National Transport and Safety Authority (NTSA) to allow Nazigi Sacco to resume its Operations expect from KBR 309 the vehicle in question for allegedly being involved in the stripping incident .
Justice Weldon korir issued the Order after Lawyer Harrison Kinyanjui told the Court the decision by the NTSA to Suspend there License was wrongly arrived and has since rendered 1000 drivers and conductors jobless.
This is after a public transport Sacco has moved in Court seeking orders to block its suspension after two crew members operating one of its vehicles were charged in court for sexual assault on a woman.
Nazigi Sacco sought the Court intervention to stop its 14 day suspension, arguing that the decision was made before the Sacco was given a hearing contrary to the rules of natural justice.
The Sacco has cried foul over the suspension of all its 243 vehicles which operate within central business district and Kahawa West throughThika superhighway.
The Sacco argues that the collective punishment of its members by the National Transport and Safety Authority (NTSA) is draconian and unfair to its members who were not involved in the crime.
“The NTSA has violated the Constitution in its act to mete collective punishment to Nazigi Sacco’s members in order to solve a social malaise and is discriminatory of the said members innocent of committing the said crime,” said the Sacco.
It has further claimed that the Government is using it as a scapegoat in a reaction to the cases of stripping of women that has caused a storm in the last two weeks.
“No such action has been taken in the police force against police officers on account of a police officer who engaged in the act of stripping a woman,” added the Sacco.
The action was taken on Friday after a bus driver and conductor operating a vehicle under the Sacco were arrested and charged with sexually assaulting a woman. The two were accused of being part of a group of men who lodged a sexual attack on a female passenger.
Devolution and Planning Cabinet Secretary Ann Waiguru last week announced new rules that will see other Sacco’s suffer the same fate in the event that other sexual assault incidents are reported to have occurred in their vehicles.
Nazigi has also faulted the NTSA which said it had conducted its own investigations into the incident, but did not give the Sacco a chance to offer its side of things.
It has also sued Inspector General of Police David Kimaiyo and Kasarani OCPD Augustine Nthumbi after some of its vehicles were impounded at the Kasarani police station following the suspension.
The owner of the vehicle allegedly involved in the stripping incident has joined the suit, as he argues that his right to own and deal in property has been violated by the police and the NTSA.
The NTSA had directed the police to impound any Nazigi Sacco vehicles found operating during the suspension period.
The orders will last till Dec 18 when the matter will be heard.