Friday, April 4, 2014

Court turns down truckers’ plea over speed governors

 Roy Hauliers has moved to court to block the Kenya Forest Services (KFS) from selling its lorry worth Sh9 million impounded transporting 60 bags of charcoal illegally in Narok. Photo/FILE
Roy Hauliers has moved to court to block the Kenya Forest Services (KFS) from selling its lorry worth Sh9 million impounded transporting 60 bags of charcoal illegally in Narok. Photo/FILE 
By EUNICE MACHUHI   
0
Share


The High Court has declined to grant an order sought by transporters to suspend a legal notice that requires them to install speed governors in their trucks.


The Kenya Transporters Association (KTA) is challenging a decision by the Transport secretary and the National Transport and Safety Authority (NTSA), which requires truck owners to fit their vehicles with digital speed governors.

The devices should conform to the Kenya Bureau of Standards (Kebs) specifications as tested and approved by the agency’s chief mechanical and transport engineer.

In his ruling, Justice Muriithi said the applicant failed to demonstrate urgent need to be protected by a conservatory order and declined to issue it.

He said that public interest outweighed the applicants’ interest because it is a matter that deals with passengers’ lives on one hand and the financial aspect on the other. He directed that the case be heard within seven days from Thursday.

Safety
The requirement for speed governors in commercial trucks is part of the government’s move to improve safety on roads, with public service vehicles already affixing similar gadgets.
The petitioners said that the trucks, which are manufactured outside the country, have inbuilt speed governors which meet local requirements.

They further argued that the vehicles have a warranty of three years or 250,000 kilometres and that the document would expire if the vehicles’ critical systems are tampered with.
KTA, through its lawyer William Mogaka, claimed that the government established the legal notice without input from experts.

But while opposing the application for conservatory orders NTSA, through its lawyer Wamuti Ndegwa, argued that suspending the regulations would be putting many lives at risk.

No comments :

Post a Comment