A case in which a petitioner is seeking to block NTSA from extending the term of Director General George Njao will now be heard in June.
Justice Byram Ongaya set June 11 for the hearing of the petition by Edwin Oduor after he challenged a consent earlier entered between the parties saying it was adopted without his knowledge.
The judge had in January last year given NTSA the green light to recruit a new boss after the lapse of the term of Njao.
"Pending the inter-parties hearing or further orders by the court, the respondent is at liberty to recruit a qualified person to fill the accruing vacancy in strict compliance with Chapter 6 of the Constitution," the judge ruled.
But Oduor returned to court arguing that his lawyer Jacob Okoth had entered the adoption of a consent with the respondent without his knowledge.
Oduor wants the court to vacate the consent claiming that the respondent may go on and re-install Njao to the position of NTSA director general.
During a virtual mention on Thursday, Justice Ongaya directed that the application be served on the respondent and lawyer Okoth for a hearing on June 11.
"Hearing notice be served upon Mr Jacob Auma Okoth of Okoth and Company Advocates and respondents together with this order. Service upon advocates be effected physically," the judge ruled.
Oduor does not want NTSA to extend the tenure of Njao arguing that the agency has failed to manage runaway accidents on the roads during the current director's stint in office.
He argues that the agreement entered and via which the court gave NTSA the green light to recruit anyone as a new director is prejudicial.
