Public service vehicle inspections could soon be handled under a new legal system designed to keep inspectors independent from the vehicles they certify, as Parliament considers fresh changes aimed at improving road safety.
A Bill before the Senate proposes giving the National Transport and Safety Authority (NTSA) powers to license, regulate and monitor conformity assessors in a move intended to eliminate conflict of interest in the inspection of matatus, buses and other public service vehicles.
The National Transport and Safety Authority (Amendment) Bill, 2026, sponsored by Meru Senator Kathuri Murungi, seeks to establish a legal framework for regulating conformity assessors, who are responsible for confirming that public service vehicles meet approved safety and technical standards before they are allowed to operate.
The proposed law argues that the current inspection system operates without a legal framework governing conformity assessors, creating room for conflict of interest in the certification process.
“The principal object of this Bill is to amend the National Transport and Safety Authority Act to regulate public service vehicles conformity assessors,” the Bill states.
It notes that conformity assessments are currently undertaken through the Kenya Association of Bus Manufacturers because there is no law providing for regulation of the assessors.
“There is no legal provision that regulates the assessment of public service vehicles and as such public service vehicle assessors have been carrying out assessment through the Kenya Association of Bus Manufacturers which led to a conflict of interest as the membership of the association comprises of owners of public service vehicles,” the Bill states.
To address the gap, the legislation proposes expanding NTSA's mandate by giving it the responsibility of registering and licensing conformity assessors. Anyone intending to offer the service would first be required to obtain a licence from the authority.
The Bill further provides that NTSA must ensure every licensed conformity assessor is fully independent from the vehicles and businesses whose inspections they undertake.
Under the proposed law, assessors will not be allowed to participate in the design, manufacture, supply, installation, purchase, ownership or maintenance of vehicles they are tasked with inspecting. The authority will also be prohibited from licensing assessors who are connected to individuals or companies involved in those activities.
“The authority shall before issuance of a licence satisfy itself that the conformity assessor is not engaged in the following activities with respect to the items to be inspected—design and manufacture, supply, installation, purchase and ownership, or maintenance,” the Bill states.
“The authority shall before issuance of a licence satisfy itself that the conformity assessor is not linked to a person that is engaged in activities listed.”
Licences issued under the proposed law will remain valid for three years before renewal.
The Bill also gives NTSA powers to set the standards to be used during conformity assessments, appoint conformity assessors every three years and carry out regular audits to ensure compliance with the law.
“The authority shall prescribe a criterion for conducting the conformity assessment,” the Bill states.
It further provides that NTSA shall conduct periodic audit on conformity assessors to ensure compliance with the provisions of the law.