Lilian Nyiva
Lawyer Charles Mugane has moved to the High Court seeking to suspend the implementation of the National Transport and Safety Authority (NTSA)'s new vehicle inspection regulations, arguing that they were introduced without adequate public participation and impose unconstitutional fees on motorists.
Petition Challenges New Inspection Rules
In the petition, Mugane argues that the new vehicle inspection framework violates the Constitution by failing to involve members of the public and key stakeholders before its implementation. He contends that public participation is a constitutional requirement for policies and regulations that directly affect citizens.
The lawyer is asking the court to halt the enforcement of the regulations pending the hearing and determination of the case.
Concerns Over Inspection Fees
The petition also challenges the inspection charges introduced under the new regulations, claiming they amount to unlawful taxation because they were imposed without proper legal backing. Mugane argues that the fees could place an unnecessary financial burden on vehicle owners and transport operators.
He maintains that any government agency introducing new charges must do so within the framework of the Constitution and relevant legislation.
Orders Sought
Among the orders sought, Mugane wants the High Court to issue conservatory orders suspending the implementation of the new vehicle inspection rules until the constitutional issues raised in the petition are fully determined.
He argues that allowing the regulations to remain in force before the case is heard could prejudice motorists and other affected parties.
NTSA Yet to Respond
By the time the petition was filed, the National Transport and Safety Authority (NTSA) had not publicly responded to the allegations raised in court. The matter is expected to proceed before the High Court, where the court will determine whether to grant temporary orders suspending the regulations as the case is heard.
The outcome of the case could have significant implications for the implementation of the new vehicle inspection regime and the legality of the associated inspection fees.
