Kenyan Transport Board Orders NTSA to Issue License to Samper Cabs

The Transport Licensing Appeals Board in Kenya has directed the National Transport and Safety Authority (NTSA) to issue a public service vehicle (PSV) license to Samper Cabs Limited, allowing the company to operate its fleet of 67 vehicles on the Nairobi-Kisumu route. The decision, announced on April 23, 2024, comes after a legal battle between Samper Cabs and the NTSA over licensing requirements and jurisdictional issues.

In its ruling, the board asserted that the vehicles in question, categorized as private hire vehicles under the Traffic Act, fall within the regulatory scope of the NTSA. The board outlined specific licensing requirements that Samper Cabs must adhere to, including installing speed limiters, ensuring vehicle inspections and maintenance, complying with driving tests and insurance requirements, and observing driving hour regulations.

The dispute arose when the NTSA allegedly denied Samper Cabs an operating license, leading to the company's employees being arrested and fined for not having the required licenses, speed governors, and yellow bands on their vehicles. Samper Cabs appealed to the Transport Licensing Appeals Board, arguing that the NTSA cannot simply state that the vehicles are not within their regulatory jurisdiction and must fulfill its statutory mandate to administer the Traffic Act and implement policies related to road transport and safety.

Why this matters: The decision by the Transport Licensing Appeals Board sets a precedent for the regulation of private hire vehicles in Kenya and clarifies the role of the NTSA in overseeing their operations. It also highlights the importance of ensuring that transport companies comply with safety regulations and licensing requirements to protect passengers and maintain road safety standards.

The NTSA has been instructed to comply with the board's orders and proceed with the issuance of the required PSV license to Samper Cabs Limited in accordance with the stipulated regulations. The board directed Samper Cabs to ensure that all its vehicles are well-maintained, not fitted with tinted windows or windscreens, and observe the maximum driving hours regulations. "Samper Cabs Limited is directed to ensure that all its vehicles are well-maintained and not fitted with tinted windows or windscreens, and to observe the maximum driving hours regulations," the board stated in its ruling.

Key Takeaways

• Transport Licensing Appeals Board orders NTSA to issue PSV license to Samper Cabs.
• Samper Cabs' private hire vehicles fall under NTSA's regulatory scope per the Traffic Act.
• Licensing requirements include speed limiters, vehicle inspections, driving tests, and insurance.
• Ruling sets precedent for regulating private hire vehicles and NTSA's role in oversight.
• NTSA directed to issue license, Samper Cabs must comply with maintenance and driving rules.