High Court extends orders suspending ban on night travel


High Court extends orders suspending ban on night travel
Vehicles at the Machakos Bus Station

In Summary

  • High Court judge Chacha Mwita, while extending the orders, directed NTSA to file their responses and appear for hearing on 24th of April.
  • National Transport and Safety Authority (NTSA) failed to show up or even send a lawyer to represent it in a case filed by activist Okiya Omtatah challenging the night travel ban.
  • NTSA imposed the ban on night travel on December 31, 2017 in a bid to curb the high number of road accidents witnessed at the time.

The High Court has extended orders suspending the ban on night travel.

This, even as the National Transport and Safety Authority (NTSA) failed to show up or even send a lawyer to represent it in a case filed by activist Okiya Omtatah challenging the night travel ban.

At the same time, the court on Monday consolidated two other matters which challenged the decision by NTSA with that of Mr. Omtatah.

High Court judge Chacha Mwita, while extending the orders, directed NTSA to file their responses and appear for hearing on April 24.

Omtata argues that the ban is contrary to article 232(1)(f) of the Constitution which requires provision to the public of timely and accurate information. He argues that the policy banning night travel for long distance PSV vehicles is vague.

“The ban on night travel contravenes articles 28 and 29(1), respectively, on human dignity, and on freedom and security of the person,” read part of the petition.

He further argues that the ban is discriminatory as it only affects long distance travelers and contravenes Articles 27 of the Constitution.

NTSA imposed the ban on night travel on December 31, 2017 in a bid to curb the high number of road accidents witnessed at the time.

The move, which many said greatly inconvenienced long distance travellers, was received with mixed reactions with transport stakeholders terming the decision as bad for business.

 

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