1.The Appellant is a Kenyan National resident of Nanyuki, Nanyuki County. He holds a smart driving license issued by the Respondent and has been driving under the license for the last 19 years.
2.The Respondent, National Transport and Safety Authority (NTSA), is established under section 3 of the National Transport and Safety Authority Act No 33 of 2012 and has the responsibility to advise and make recommendations to the Cabinet Secretary on matters relating to road transport and safety, implement policies relating to road transport and safety; plan, manage and regulate the road transport system; ensure the provision of safe, reliable, and efficient road transport services and to administer the Traffic Act.The Appellant’s Case
3.The appellant filed the case on June 15, 2022 because the Respondent Authority had failed to grant him a Class A in his smart driving license. As a result, he claimed to have suffered economically because he could not engage in meaningful employment as a driver.
4.The appellant claims that he got his PSV Badge in 2011, however, in 2014, he left the road because of a road accident he had.
5.The appellant claims that when he wanted to renew his PSV badge again, he realized Class A was not in the system, he paid for a Class A receipt and still couldn't get it in the system.
6.The appellant claims that NTSA has asked him to return to school to get his Class A in his smart driving license.
7.The appellant claims he paid for the Class A, has a receipt, and still, it isn’t in the systemRespondent’s Case
8.The Respondent NTSA did not have an objection to the Appellant’s application. She agrees that she stands guided by the court.
9.The Respondent agrees to reinstate Class A for the appellant
12.Having considered the facts and the law applicable to this case, the Transport Licensing Appeals Board hereby makes the following Orders:a.That the Respondent Authority to reinstate Class A for the appellant within fourteen (14) days of this Order.b.That every party should bear its own cost.