The head of the National Transport and Safety Authority (NTSA), Nashon Kondiwa, has been ordered to appear before a tribunal and explain why the regulator has defied directives to restore Embakasi Shuttle Limited's access to its online licensing portal, despite being ordered to lift the suspension.
The Transport Licensing Appeals Board summoned the NTSA Director-General after the authority failed to comply with orders issued on October 16, allowing the public transport operator to resume operations and complete its vehicle licensing process pending the hearing of its appeal.
In its ruling, the tribunal noted that NTSA had acknowledged receiving the company's court papers and the orders directing it to remove the digital restrictions but had neither filed a response nor taken steps to implement the directives.
The board, chaired by Adrian Kamotho Njenga, expressed concern over the regulator's failure to honour the orders, warning that disregard for judicial decisions could undermine the administration of justice.
"Flouting of court orders undermines the proper administration of justice and risks anarchy. Accordingly, the prayer for summons is hereby allowed," said the tribunal chaired by Adrian Kamotho Njenga.
During the proceedings, NTSA's lawyer admitted that Embakasi Shuttle's portal remained inaccessible but attributed the delay to pending approval from the authority's department.
The dispute began on October 15 when Embakasi Shuttle approached the tribunal after NTSA blocked its access to the online licensing system, leaving the company unable to complete mandatory vehicle registration and licensing procedures.
The operator, which serves several routes within Nairobi, told the board that it had already submitted details of 32 vehicles and their conductors but could not finalise the process because the authority had shut down its access to the platform.
The company also challenged the manner in which the suspension was imposed, arguing that NTSA had not formally communicated any decision to suspend its operations or explain the reasons behind the restrictions.
Following the application, the tribunal issued orders on October 16 directing NTSA to restore the company's access to the portal. It also lifted the suspension and permitted the operator to continue its services as the appeal proceeded.
However, when the case came up again on November 4, Embakasi Shuttle informed the board that the authority had failed to implement the directives, leaving the company unable to access the licensing platform despite the earlier ruling.
The tribunal subsequently ordered Kondiwa to appear before it at 3pm on Monday, November 9, to account for NTSA's continued failure to comply with the orders.
The summons places the NTSA chief at the centre of the dispute as the board seeks an explanation for the regulator's inaction.
The substantive appeal filed by Embakasi Shuttle remains pending before the tribunal.