High Court suspends ban on night travel

The High Court has temporarily lifted the night travel ban that had been imposed by the National Transport and Safety Authority (NTSA) on long distance public vehicles.

Judge Chacha Mwita suspended the ban pending the hearing of a petition filed by Activist Okiya Omtatah.

In the petition, Omtatah argues that the ban imposed on December 31, 2017 is irrational, unreasonable and discriminatory as it only affects long distance travelers.

According to the activist, the banning of night travel was a “knee jerk reaction” to the menace of road accidents on Kenyan roads.

“Since December 31, 2017 NTSA and the National Police Service have been enforcing their grossly arbitrary, unreasonable, irrational, discriminatory, unscientific, and outright unlawful policy with NO regard for the affected public,” cites Omtatah.

“There are no provisions in law to support the policy banning night travel for long distance travelers.”

The activist notes that the government has also not taken any measures to cushion PSV operators and other affected businesses from losses resulting from the ban.

Omtatah wants the ban quashed and declared invalid, null and void and of no legal effect.

On Wednesday, January 17, Transport Principal Secretary Paul Maringa announced that the controversial night travel ban would be lifted selectively starting mid-February, 2018.

Speaking to the media at Parliament Buildings where he was appearing before the Parliamentary Transport Committee, Maringa indicated that Matatus Sacco’s will have to fulfill certain conditions before the ban is lifted.