The National Transport and Safety Authority (NTSA) will manage safety and investigate all road, rail, pipeline, air, and marine accidents if Parliament enacts a new Bill into law.
The National Transport and Safety Authority (Amendment) Bill, 2024 seeks to amend the NTSA Act to assign the function of overall responsibility for managing the safety of transport by road, railway, pipeline, air, marine, and any other form of land transport to the NTSA.
Under the current legal framework, the role of investigating road accidents falls under the NTSA and Kenya Police, railway accidents are under the Kenya Railways Corporation (KRC) while maritime accidents fall under the Kenya Maritime Authority (KMA), as Aircraft Accident Investigation Department under the State Department of Transport looks into aircraft accidents.
The Bill, sponsored by Limuru MP Kiragu Chege, seeks to establish an integrated and unified approach towards the regulation of the safety of various modes of transportation, unlike the current fragmented approach where different regulatory agencies regulate other modes of transportation, to promote safety and enhance efficiency.
The Bill amends the functions of the NTSA by expanding the authority’s mandate to include coordination of transportation safety activities, investigation or cause to be investigated any aircraft, road, railway, marine, pipeline, or other accidents.
The proposed law will empower NTSA to appoint investigators and coordinate investigations into aircraft, railway, pipeline, and ship accidents.
It further seeks to provide a mechanism for safeguarding transportation safety and investigating transportation accidents, and making appropriate recommendations to forestall future occurrences of such accidents.
“The Bill seeks to amend the principal Act by inserting a new part immediately after Section 44, to provide for investigation of accidents and incidents,” clause 7 of the Bill states.
“Section 44A provides for appointment of investigators of accidents and incidents whereas Section 44B provides for the accident investigation procedure.”
Engineer Kiragu told the National Assembly’s Transport Committee it has never been seriously investigated because the affected agencies are both operators and investigators and cannot undertake independent investigations.
“The NTSA as currently constituted does not address safety of all modes of transportation. We need a body that will independently address safety and investigate accidents,” engineer Kiragu said.
Chopper carrying Roads CS Kipchumba Murkomen crash in Baringo.
Photo credit: Courtesy
“For aircraft accidents, we call outsiders to investigate and analyse the black boxes yet they could be the aircraft manufacturers. We have had railway accidents and the Mlolongo Kenya Pipeline Company fire but nothing serious came out of those investigations.”
He said only an independent body that either reports directly to Parliament or the President can make binding recommendations that must be implemented by affected agencies.
Committee chairperson Goerge Kariuki (Ndia) sought to know the difference between his Bill and the Cabinet decision in 2023 to approve the formation of an independent and autonomous agency for road, rail, and water transport.
“Your Bill suggests that NTSA takes up the role of investigating all manner of accidents. The NTSA is a regulator, not an investigative body. The Cabinet last year approved the establishment of a bureau to investigate accidents. Would you prefer that the Ministry’s proposals and your Bill be merged?” Mr Kariuki asked.
The Cabinet approved the establishment of the Kenya Transport Accident Investigation Bureau as an independent and autonomous agency for road, rail, and water transport.
The aim of establishing the bureau is to allow forthe separation of transport safety regulation from accident investigations to ensure autonomy and objectivity.
Legal and research experts attached to the committee told lawmakers that common international practice is to constitute a specific board or commission that reports directly to the head of state or to Parliament.
They said the structure guarantees the impartial opinion of the investigators and independence from the regulators.
Engineer Kiragu said the Bill had been in the pipeline before the Cabinet decision and therefore the Ministry’s concerns should be factored into his proposed law.
Only the State Department for Maritime and Shipping has objected to the contents of the Bill arguing the proposed legislation is in direct conflict with the powers granted to the Kenya Maritime Authority (KMA), the Kenya Maritime Authority Act) and Cap 3Merchant Shipping Act.
The Ministry argued that KMA is mandated to conduct investigations into maritime casualties including wrecks.
“Marine Casualty Investigations is provided under mandatory conventions under the International Maritime Organization (IMO) Casualty Investigation Code which has been domesticated by Kenya under Cap 389 and its attendant Regulations,” the KMA said in submissions to the committee.
The NTSA, the Kenya Pipeline Company, and the Cradle Children’s Foundation have welcomed the proposals in the Bill and suggested further amendments to strengthen it.
