NTSA suspends services to all driving schools after losing court case

The National Transport and Safety Authority (NTSA) has suspended its services to all driving schools after losing a case in the High Court.

The transport authority announced the suspension of all driving school services citing a need to comply with court orders.

“Pursuant to the suspension and through this notice, the public is hereby notified that the NTSA has halted the services listed below in compliance with the judgement as all legal options are explored,” said the notice signed by Macharia and NTSA Director-General George Njao.

In January, Justice Anthony Murima suspended the implementation of the Traffic (Driving Schools, Driving Instructors, and Driving Licences) Rules 2020 to allow the Senate and National Assembly to review them.

The court also directed Transport Cabinet Secretary James Macharia to refer the new rules to the Speakers of the two Houses within 14 days for deliberation before they are approved and gazetted.

The NTSA said it had sent the rules to the Houses and suspended their implementation.

Among the services that have been halted are the licensing of driving schools, the licensing of driving school instructors, and the renewal of driving school instructors’ licenses.

Provisional driving licence applications have also been suspended, as have test bookings for driving school instructors and driver trainees, as well as driving school instructor and trainee driver testing.

The move has irritated driving school owners who accuse NTSA of being malicious.

According to Kenya Driving Schools Association chairperson Samuel Kamau, the decision is intended to punish them as well as Kenyans in general.

“The NTSA is not honest in its actions. By shutting down the system, their aim is to punish us for going to court to challenge their illegal rules,” he said.

Kamau argued that the government should allow other agencies that existed before the takeover by the NTSA to continue providing the services before the rules are considered by Parliament.

NTSA has been in the spotlight following concerns about its efficiency being put to question.

The influx of illegal number plates has once again exposed the loopholes created by the lack of a centralised system of vehicle registration plates in the country.

Hundreds of vehicles have been confiscated, mostly in Nairobi, raising questions about who authorized the distribution of the specialized plates that have been on Kenyan roads for almost a year.

The most prevalent offenders on the highways are owners of high-end vehicles and top government employees, notably those travelling in Government of Kenya (GK)-plated cars.

Following the removal of the function from the Kenya Revenue Authority due to security concerns, the Ministry of Interior now controls the production of number plates and vehicle registration through the NTSA.

Recently the Authority lost its mandate as traffic instructors after the High Court upheld the transfer of the functions to the National Police Service (NPS).

Justice Anthony Mrima gave Macharia fourteen days to resubmit a copy of explanatory memorandum and the 2020 Traffic Rules to the Parliament.

Mrima gave the same directives to both the Senate and National Assembly with instructions to expedite the process of ensuring that traffic rules are well affected in the country.

This was after a case was filed by Kenya Driving Schools Association (KDSA) against NTSA, the Ministry of Transport, The Attorney General and Inspector General of Police, seeking to have an interpretation over a 2020 directive that required them to reapply for fresh licenses and pay Sh30,000.

Mrima’s judgement comes days after Interior Cabinet Secretary, Fred Matiang’i ordered all motor vehicle dealers operating in Kenya to undergo fresh licensing by April 1, 2022.

In 2017, NTSA shifted the automobile registration procedure online, as part of a response to numerous concerns about fraud in the industry.

Applicants can simply register and transfer automobiles using the Transport Integrated Management System (Tims) online platform.

This however, appears to be prone to failures, which authorities say allows for infiltration and compromise.

This has allowed for the manufacturing of cloned number plates, unlawfully registering vehicles with unpaid taxes, illegal vehicle transfers, and the production of fraudulent logbooks.

The NTSA has been accused of helping with the syndicate’s organized criminal organisation, putting the lives of many unknowing motorists in jeopardy.

The transportation agency underwent a dramatic reorganization in 2018 as a result of top management’s efforts to simplify operations and remove corruption cartels.

Later, President Uhuru Kenyatta ordered the NTSA to leave the highways stating that traffic management should be left to traffic police.

He went on to say that the action is aimed at reducing the number of Kenyans killed in traffic accidents, which have been on the rise in recent years.

The Authority’s best previous response has been to declare the region a “black spot,” which they have mastered. Clearly, identifying an area as a black spot has no effect on the likelihood of a crash.

In fact, it could be claimed that irregular driving near that location as a result of anxiety increases the chance of wrecks and collisions.

Perhaps additional research is required after classifying a region as a black spot to determine the causes of incidents in that area, and the measures necessary to mitigate this.

They’ve been accused of pestering drivers rather than promoting safe transportation. They’ve taken over the National Police Service’s duty, ostensibly arresting criminals and exposing them to scorn.

Instead of publicly advising cars to obey speed limits and clearly showing the penalty, the transportation agency has hidden cops in roadside shrubs to “catch” speeding motorists.