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High Court suspends section of new transport rules

High court George Odunga on Tuesday suspended the enforcement of regulation number 11 of the  new transport rules pending the hearing of a case challenging the rules.

The regulation requires matatu operators to subscribe to a data storage system that is capable of storing data on the vehicle’s speed and location for a period of 30 days.

The regulation also obliges matatu operators to provide such data to the National Transport and Safety authority upon request.

Dickson Mbugua, the chairman of the Matatu Welfare Association said the court issued the order suspending regulation number 11 pending the hearing of a case in which they want the April 1 deadline for compliance with the new regulations  scrapped.

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The case is scheduled for hearing next week on Thursday when all stakeholders will be expected to appear in court.

The director general of the National Transport Safety Authority (NTSA) Francis Meja said he had not received communication on the court’s order by Tuesday evening.

The Matatu Owners Association chairman Simon Kimutai also told Nairobi News that he had not received communication on the ruling. He added that as investors in the sector, they will wait for the court to advice on the way forward.

“We are not opposed to the rules and if the ruling will give us more time we will continue with the inspection and comply,” said Mr Kimutai.

On Wednesday, fares from Donholm estate to town went back to Sh 70 down from Sh 100 that commuters had to part with on Tuesday.

In Kasarani, the main saccos Mwi Sacco, MSL and Metrotrans were back in the roads with fares going back to the usual Sh 80.

The new guidelines require all public transport vehicles to operate under a Sacco that has a minimum of 30 vehicles.

The vehicles must also be fitted with digital speed governors that have ability to track and record the speed.

Data from the devices would be retrieved in the event of an accident to establish whether it was caused by speeding, which has been the major cause of road accidents which claim more than 3,000 lives in a year.