MP sponsors bill for NTSA to regulate railway, pipeline transport

Limuru lawmaker John Chege wants the National Transport and Safety Authority mandated to check railways, pipelines and any other form of underground and land surface transport.

NTSA could also be handed powers to investigate marine and aviation accidents and incidents related to the transportation sectors.

“The aim is to have an integrated and unified approach towards regulation of safety of various modes of transportation,” Chege says in the bill’s memorandum.

The MP says the aim is to end the ‘fragmented approach’ where different regulatory agencies regulate many modes of transportation.

“This is in keeping with the best practices elsewhere where regulation of various forms of transportation is integrated under one regulatory agency,” the MP said.

According to the NTSA Bill, 2024, the authority would coordinate all transport safety activities.

If approved, NTSA would be the authority to investigate aircraft, road, railway, and marine accidents in the internal waters.

“A marine accident or safety-related incident under this Act shall be inquired into or investigated by the National Transportation and Safety Authority established under this law.”

The authority would also investigate pipeline accidents that are fatal or have caused substantive damage.

NTSA would also probe any other accident relating to the transportation of people or property which in its opinion is catastrophic.

The transport regulator would also in consultation with the relevant transportation agencies, advise the national and county governments on matters relating to transport.

Chege also seeks to empower NTSA to protect consumer interests in the safety, cost, quality and standards of transportation services.

“To carry out responsibilities, the authority shall appoint, by notice in the Gazette, investigators of accidents,” the bill, which is due for first reading next week, reads.

“The investigation of an accident or incident under this Act shall be conducted to determine the facts, conditions, circumstances and safety factors, and where possible the probable cause of the accident,” it adds.

The proposed law says the Transport Cabinet Secretary shall prescribe the qualifications for investigators.

“The authority may appoint in writing any persons with special skills or knowledge in a specialised area in an advisory capacity in any case where it appears to the authority that such special skills or knowledge are required for proper completion of an investigation.”

The bill further compels the Transport CS to establish an incident reporting system to facilitate the information collection on actual and potential safety deficiencies.

In the proposed law, all reports of accident investigations would be published in the Kenya Gazette.

There are concerns that such reports never see the light of the day. President William Ruto recently had to reassure leaders that CDF Francis Ogolla chopper crash report would be published.

“The current legal framework does not provide for a coordinated approach to transportation safety, which has created a scenario where each of the regulatory agencies in the transportation sector handles their safety issues independently of each other,” Chege said.

The proposed law grants NTSA unfettered access to accident scenes and information that can help in such a probe.

It says that an investigator could summon any person believed to have information as well as documents or evidence which may assist the probe.

The investigator may by summons signed by him or herself or served on that person, require the person to furnish the information in writing, produce documents, and give evidence.

“A person shall not be excused from complying with  summons under this section because compliance may incriminate the person or make the person liable to a penalty, but such information, documents or evidence shall not be admissible against that person for purposes other than proceedings under this Act,” the proposed law reads.