The directive by transport safety regulator NTSA on new number plates is lawful but any deadline imposed upon motorists would be illegal, the High Court has said.
The court found that though the process that resulted in the directive to motorists to have new number plates did not have sufficient public participation, it serves widespread public interest that supersedes any fault in how it was arrived at.
High Court judge H.K Chemitei said in a judgement rendered on July 27, that there was no proof that public participation was ever undertaken by the relevant authorities or whether it was adequate if it was done. But that the public interest the directive serves was of high imperative.
The judgment was on a constitutional petition by a Kenyan Peter Okiro who wanted the court to quash the directive all together for want of public participation.
“The gravamen of the applicant’s application is that the said notice, which introduced new registration number plates series for all motor vehicles in the country, was arbitrarily done and without any adequate public participation,” the judgement read.
He also complained that the initial reports that NTSA had ordered that all motorists had 18 months to have the new plates from August last year, was unlawful.
His argument was that having the 18 months deadline was arbitrary, followed no process and gave no regard to motorists with old number plates who had paid to get them. They would suffer double jeopardy in having to pay up for the new plates a second time.
“He said this amounted to a road side declaration by the interested party and without giving the populace an opportunity to discuss the merits or otherwise of it.”
After back and forth, the court held that the 18-month deadline was a roadside declaration because it was not included in the gazette and legal notice, which is the legal footing of the new plates directive.
“Although there was no evident of public participation, I do not think that is enough to vitiate the directives. The directives are for the common good and security of the road transport system in the nation, and to be in tandem with the Vienna Convention on transport,” the judge said.
But in addition to the failure to include the deadline on the gazette notice, the missing public participation also makes a timeline for motorists to implement it untenable in law, the court ruled.
“In any case there is no time frame given in the gazette for the parties to comply so as to make it unreasonable. As indicated above, any evidence of specific time frame must ensure that the consumers are involved which in this case includes the applicant. The 18 months’ period suggested in a newspaper cutting has no force of law and it must be treated that way,” the judgement reads.
The court said the directive is only for new car owners in the KDK plate series and found that paying the requisite Sh3,000 lawful.
“There is no time frame given for such replacement and I understand it to be continuous beginning with the new series KDK.
“The payment of the fees for replacement in my view is not onerous. If one for instance loses a number plate, then it is his responsibility to pay for a new one which in this case shall be the new series. Who else would foot the bill other than the owner? The other tax payers should not be burdened.”
