The National Transport and Safety Authority (NTSA) has been criticised for failure to manage road carnage and harassing public service operators.
Mr Gerald Anyega Osiemo filed a petition in court, arguing that the agency is acting unconstitutionally.
This is after NTSA suspended the licence of Modern Coast after its two buses were involved in a crash in December last year.
“NTSA should be directed to table a legally binding contractual agreement with the Saccos that if some of their vehicles or officials violated its rules, the whole fleet should be suspended,” Mr Anyega said in court papers.
The NTSA also summoned the owners of Tahmeed Bus Company after complaints that their buses had “near fatal” crashes. “NTSA does not have a ‘fatal meter’,” Mr Anyega added.
Prior to the creation of NTSA in 2012 through an Act of Parliament, inspection of public service vehicles was conducted by the motor vehicles inspector, who was answerable to the Minister for Transport.
The inspector would issue an annual compliance certificate valid for a year. But Mr Anyega said this has changed.
“This has since changed with the establishment of NTSA, which inspects the vehicle today and issues an annual compliance certificate but the following day, or even immediately, harasses the owner of the vehicle in the name of random checks.”
Further, he claimed the agency does not appropriately regulate driving schools, which churn out incompetent graduates.
The agency, Attorney-General and Transport and Interior Cabinet secretaries have been listed as respondents. The case will be mentioned on March 24.