Motorists’ reprieve as High Court stops enforcement of 50kph speed limit rule
What you need to know:
- Justice George Odunga faulted the NTSA and the Transport ministry’s decision to enforce the rule.
- The Law Society of Kenya (LSK) had sought to stop the enforcement of the new rules.
Motorists got a temporary reprieve after the High Court stopped the enforcement of the new 50kph speed limit rule.
Mr Justice George Odunga on Tuesday stopped the National Transport and Safety Authority (NTSA) from prosecuting motorists exceeding the limit.
Justice Odunga faulted the NTSA and the Transport ministry’s decision to enforce the rule in urban areas and the directive to have all cars above four years inspected from January, as well as the issuance of driving licenses online.
The judge directed that motorists wishing to renew their licences should continue using the old system until the matter is determined.
The Law Society of Kenya (LSK) had sought to stop the enforcement of the new rules, arguing that they were restrictive and oppressive to most Kenyan motorists.
Owners of private cars older than four years from the date of manufacture will not also need to be subjected to mandatory inspection by the Director of Motor Vehicles Inspection Unit as a precondition for their use on Kenyan roads, courtesy of the order.
LSK listed the NTSA, Ministry of Transport and its Principal Secretary, Traffic Commandant, Attorney-General and Kenya Roads Board as respondents in the case.
SILENCE FAULTED
LSK faulted Transport Cabinet Secretary Michael Kamau’s silence on the matter, saying it amounted to abuse and dictatorial tendencies.
“This is unreasonable and creates environment for corruption to thrive,” LSK said.
“The CS has just stood by and watched as motorists are arbitrarily arrested where no signs prescribing speed limits are erected. This is unethical and a breach of the oath he took to uphold the Constitution and abide by the rule of law,” said lawyer Harrison Kinyanjui, for LSK.
The LSK was seeking orders against the directives as published in the dailies on September 6 and October 15 purporting that NTSA would arrest, charge or commence proceedings against motorists breaking the new regulations the agency has set out.
For the renewal of licences, motorists should remit a Sh50 as Internet processing fee.
“It is illegal for NTSA to give such directives without first putting speed signs,” said the lawyers.
The hearing will be on November 17.
