Kenha wants Sh850,000 judgment for Chania bus firm suspended

 

The Kenya National Highways Authority (Kenha) has asked a court to suspend a judgment directing it to pay a bus company Sh850,000 for intercepting and detaining its vehicle.

Kenha says it plans to appeal the High Court’s decision in favour of Chania Genesis Ltd and enforcement of the order should wait until its appeal is determined.

Justice Eric Ogola found that Kenha exceeded its powers when it intercepted a Chania bus allegedly because it was carrying excess passengers, compelling the travellers to spend one night in the cold.

“The petitioner be and is hereby awarded the sum of Sh850,000 as damages suffered from the loss of business from the said vehicle for 34 days at Sh25,000 per day,” Justice Ogola ruled.

The court also ruled that Kenha did not give Chania management a fair hearing.

Chania sued Kenha in 2019 after its bus was intercepted in Dongo Kundu and thereafter detained for 34 days. The National Transport and Safety Authority (NTSA) was also enjoined in the case as an interested party.

Court records show that the bus had excess passengers against the required capacity of 48 and an excess load of 2,660kg when it was stopped by Kenha officers at the Dongo Kundu weighbridge station.

The driver was ordered to pay Sh109,825 or the bus would be detained. But it was detained, forcing passengers and the crew to spend the night at the station.

The company then sued Kenha, claiming its right to enjoy fair administrative action and that of natural justice was infringed.

The company argued that the powers to control and supervise passenger transport vehicles rests with NTSA.

Kenha had argued that no law was violated when the vehicle was detained for carrying excess passengers.

Justice Ogola said evidence showed the vehicle had an overload of 2,660kg and an axle overload of 2,000kg.

“It has not been indicated anywhere that the petitioner was given the opportunity to defend the overload allegations since the property belonged to them,” the judge said.

The court ordered that the Sh109.825 the company paid to release its vehicle from Kenha’s yard in Dongo Kundu be refunded.    BY DAILY NATION