The media reported on May 3 that the National Transport and Safety Authority (NTSA) had canceled the licenses of 64 public service Saccos and companies. In response, the NTSA advised the public not to use vehicles affiliated with these Saccos and companies.
As part of reforms initiated by former Transport minister John Michuki in 2003, public service vehicles (PSVs) were required to register with a Savings and Credit Cooperative Organization (Sacco) to obtain licenses. However, it is expensive and complicated for individual PSV providers to register a Sacco on their own. Therefore, many PSV operators opted to join together under one Sacco to simplify compliance.
The collapse of the ‘Michuki rules’ began when Michuki was transferred from the Transport to the Environment docket. His successor, former Matuga MP Chirau Ali Mwakwere, oversaw the demise of these rules. Mwakwere’s decision to allow 14-seater transporters to continue operating in urban areas despite proposals to restrict them showcased a conflict of interest, undermining public policy.
“I own and operate the 14-seaters myself and nothing of that sort would happen as long as I am the transport minister”.
Despite Mwakwere’s directive for PSV owners to self-regulate, they failed to establish effective management committees to instill discipline in the sector. Despite this failure, the NTSA’s arbitrary decision to revoke the licenses of 64 PSV Saccos without transparency or accountability was unlawful.
According to Article 10 of the Constitution, all state organs, officers, and persons involved in enacting laws or making public policy decisions must adhere to principles such as the rule of law, social justice, equality, and transparency. Furthermore, Article 36 ensures that the cancellation of registration for any association must be reasonable and accompanied by a fair hearing.
