A Milimani’s High Court for Judicial Review has thrown the National Transport and Safety Authority (NTSA) board back to the drawing board in their Notice of Preliminary Objection for the Director General’s term in office.
The Road Safety Association of Kenya through its Chair David Kiarie had sought for prerogative orders of prohibition and certiorari through Chamber Summons dated 19th October, 2023.
In it’s reply however, the NTSA board had urged the court to dismiss the petition by the Road Safety citing the issued raised in the matter had been tackled by another court in Kiambu.
However, Justice John Chigiti sitting at the Milimani’s Judicial Review division dismissed the NTSA board’s preliminary Objection and directed the case be enlisted for 11th June this year when the court will give further directions.
The Director General, George Njao was suspended in March 2023 over skyrocketing number of accidents.
However he was reinstated a few months later which raised eyebrows among stakeholders who cited the decision to bring him back had been rushed without thorough investigations being done.
“On whether or not the same is sub-judice, facts have to be ascertained and a preliminary objection cannot be raised on disputed facts. Therefore, this court holds and finds what has been raised by defendant/objector does not amount to a preliminary objection, and thus the preliminary objection is not merited” Justice Chigiti ruled.
Ruth Wamboi
