A fresh confrontation is unfolding over NTSA's new transport regulations after senators accused the authority of putting the measures into force before Parliament had completed its review, raising questions over the legality of the rules and setting the stage for a possible court fight.
The dispute centres on regulations that introduce annual inspections for private vehicles, tougher standards for school transport and new requirements for commercial vehicle operators.
While NTSA announced that the regulations would take effect on July 1, senators argue that the approval process remains incomplete because the Senate has not considered and passed the relevant report.
Lawmakers now say the authority acted prematurely by proceeding with implementation before Parliament had made a final determination on the regulations.
“The Senate has not passed the regulations. Any action the authority is taking is nugatory, null and void,” Senate Minority Leader Stewart Madzayo said.
The Senate had been expected to debate and vote on a report prepared by the Committee on Delegated Legislation before members adjourned for recess two weeks ago.
However, discussion of the report was postponed, leaving the regulations hanging even as NTSA moved ahead with enforcement.
The committee had recommended that the Traffic (School Transport) Rules, 2026, the Traffic (Motor Vehicle Inspection) Rules, 2026, and the National Transport and Safety Authority (Operation of Commercial Vehicles) Regulations, 2026 be annulled.
According to the committee, the regulations did not satisfy the legal and constitutional standards required for such measures.
Makueni Senator Dan Maanzo said implementation of the regulations does not take away the Senate's authority to overturn them under the Statutory Instruments Act.
“We will recall the regulations. We cannot allow Kenyans to suffer and be forced to dig deeper into their pockets,” Maanzo said.
Kakamega Senator Boni Khalwale faulted NTSA for what he termed a failure to recognise the Senate's constitutional mandate in matters affecting counties.
He urged Senate leadership to seek judicial intervention, maintaining that transport issues directly touch on county interests and therefore fall within the Senate's oversight role.
“The Senate has the power to consider regulations that concern counties. National transport concerns counties, and there is no way NTSA can escape the Senate,” he said.
The senators pointed to a 2020 High Court decision that struck down 24 laws after finding that the Senate had been left out of the legislative process despite the laws affecting county governments.
They argue that the current situation presents similar constitutional concerns.
Presenting the committee's findings, Tana River Senator Danson Mungatana said members concluded that the regulations were harsh, unrealistic and difficult to implement within the timelines provided by NTSA.
He took issue with provisions requiring school buses to install mechanical stop signal arms, reflectorised safety markings, telematics systems and surveillance cameras by July 1.
“We see this as a rent-seeking opportunity. If these regulations are allowed to stand, schools will be forced to spend huge amounts of money within an impossible timeline,” Mungatana said.
He further opposed fresh licensing conditions for school transport vehicles, arguing that similar requirements are already covered under regulations issued by the Ministry of Education.
The committee also rejected the planned annual inspection of private vehicles, saying the country lacks adequate inspection facilities to handle the large number of motorists who would be required to comply.
Mungatana warned that the requirement could burden vehicle owners with extra expenses, lengthy waiting periods and possible harassment if they fail to secure inspection certificates each year.