Judge overturns directive on speed governors
A directive by Transport Cabinet Secretary Michael Kamau that all commercial vehicles be fitted with specific speed governors has been overturned.
Mr Justice George Odunga of the High Court on Thursday said the December 2013 prescription of the brands rather than the standards was a departure from what was expected of Mr Kamau.
Despite been given ample time to regularise his actions, he did not take the opportunity, the judge said.
He said that the allegation of invalidity of the legal notice was based on the failure by the Cabinet Secretary to table the new standards before Parliament.
“It follows that the speed limiters are unlawful,” the judge ruled.
Mr Kamau had said he had approved speed governors conforming to the Kenya Bureau of Standards specifications to be fitted in all public commercial service vehicles.
UNILATERAL AND ILEGAL
Lawyer Harrison Kinyanjui representing the Kenya Bus Service told the court that the notice by the Cabinet Secretary “was unilateral, illegal and unconstitutional” and meant to harass public service vehicle owners.
National Transport Safety Authority officers were unceremoniously stopping buses and plucking off their number plates as a result of the directive.