A road safety lobby group has sued the National Transport and Safety Authority (NTSA), accusing it of exposing passengers to unsafe public transport amid rising fatal road crashes across the country.
The Road Safety Association of Kenya filed the case at the High Court in Kerugoya, citing alleged regulatory failures.
The petition follows a grisly accident on September 28, 2025, near Kikopey along the Nairobi–Nakuru highway, where a 14-seater matatu, registration number KCD 955B, crashed, killing fourteen passengers on the spot, with two more later succumbing to injuries in hospital.
Pending determination of the case, the High Court dismissed an application seeking to compel NTSA to immediately inspect all public service vehicles. The court ruled that mandatory orders could not be granted before full determination of the petition.
Through its chairman, David Kiarie, the lobby group accused NTSA of failing to enforce safety standards outlined in a July 14, 2023, circular—Kenya Standard, Road Vehicles-Passenger Vehicle Body Construction-Specification. The directive required matatus to be fitted with anti-roll bars, proper seat mountings, three-point seat belts, and a conformity plate.
Court documents revealed that the association commissioned an independent assessment of the accident vehicle, which found that several seats lacked three-point seatbelts, were poorly mounted, and had no anti-roll bars.
“The findings revealed that the matatu was unfit for carrying passengers and should not have been issued a Road Service License,” argued the petitioner.
They claimed NTSA’s approval demonstrated “systemic and institutionalised exposure to substandard goods and services.”
“NTSA has been exposing road users to unroadworthy vehicles, violating their right to reasonable-quality services. This breach occurs through licensing non-compliant vehicles and failing to ensure only compliant ones operate,” the petitioner stated in the public interest case.
The association further alleged violations of consumer rights under Article 46 of the Constitution, asserting road users’ entitlement to safe services and economic protection.
NTSA, however, disputed the claims, maintaining it acted lawfully. In a sworn affidavit, Deputy Director of Motor Vehicle Inspection Joel Opere argued that the 2023 safety standards did not apply retrospectively, as the vehicle was licensed in May 2016 and converted before the standards took effect.
“The Standard did not apply to the suit motor vehicle,” NTSA stated, noting the vehicle passed inspection in October 2024 at Nyeri Inspection Centre with no defects. Operated under 2NK Sacco Society Limited, the authority blamed the crash on driver misconduct, reckless overtaking, and unauthorized route deviations.
Justice Edward Muriithi acknowledged public interest concerns amid persistent road carnage, linking safety enforcement to consumer rights protection.
“There would appear to be a clear correlation between - and link between cause and effect/consequence - effective enforcement of standards in the public sector transport service by the concerned regulatory entities, leading to increased road accident carnage in Kenya,” he observed.
Affirming passengers’ right to safety, the judge said this resulted in direct breach of consumer rights under Article 46 of the Constitution, under which public transport users are entitled to a service of reasonable quality; to the protection of their health, safety, and economic interests; and to compensation for loss or injury arising from defects in services.
However, the court found that the petitioner had not demonstrated a clear failure by NTSA and its deputy director for motor vehicle inspection to perform its statutory duties at this interim stage.
“It is not clear on the evidence that the respondents have failed to perform their duties under the Constitution and statute,” the judge held.
Justice Muriithi also cited an ongoing multi-agency safety operation under the National Council on Administration of Justice, deeming court intervention redundant.
The petition cites the National Transport and Safety Authority Act, which mandates NTSA to regulate road transport, implement safety policies, inspect vehicles, and develop safety strategies.
The case proceeds to full hearing to determine NTSA’s liability and potential compensation for the victims’ families.
