Court temporarily suspends night travel ban for long distance PSVs

High Court Judge Chacha Mwita

It is a reprieve for Public Service Vehicles plying long distances as High Court temporarily lifts ban on night travel imposed by National Transport and Safety Authority (NTSA).

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

The petition filed at the High Court in Nairobi on Thursday seeking to ban night travel for long distance PSVs, was effected on December 31 by the NTSA as a measure to curb road accidents which led to over 100 deaths in the month of December.

The announcement was made on the eve of New Year following a bus-truck collision at Migaa area along the infamous Nakuru-Eldoret road claiming over 30 lives, leaving scores injured.

The petition states that the ban is contrary to article 232(1)(f) of the Constitution which requires provision to the public of timely, accurate information and 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.

Omtata argued that the ban is discriminatory as it only affects long distance travelers and contravenes Articles 27 of the Constitution.

NTSA officials on Wednesday appeared before Transport and Infrastructure Committee to answer grueling questions on rampant road accidents witnessed in December 2017.

During the meeting, Transport PS Paul Mwangi assured Kenyan drivers that the ban on PSVs night travel will be lifted within two weeks’ time revealing that the ministry has been in talks with stakeholders and the ban will be lifted selectively.