Public Participation was not a requirement during enactment of the National Transport and Safety (NTSA) Act as this was done before the 2010 Constitution came into force, the High Court has ruled.

High Court Judge Justice Lawrence Mugambi delivered this verdict in a Petition, where a Kenyan had sued the National Assembly, the Attorney General, NTSA, the Cabinet secretary for Transport and his Interior Counterpart, questioning legality of the Act.

In the Petition one Mr. Gerald Anyega Osiemo, claimed that the Act had been enacted without sufficient Public Participation contrary to Article 118 of the Constitution.

During the hearing of the Petition, however, it  emerged that the Ministry of Transport had in fact undertaken public participation on the NTSA Bill through several town hall meetings, before its debate and approval by the National Assembly, and subsequent signing into law by former President,  His Excellency the Late Mwai Kibaki on 12th October 2012.

The National Assembly informed the Court that the Sixth Schedule of the Constitution had suspended operations of Chapter Eight including public participation, until after the first General Election was held under the new Constitution.

Justice Mugambi agreed with the National Assembly, and indicated that although evidence adduced proved that indeed there was public participation, lack of the same would not have been enough ground to overturn the law as it was not mandatory prior to the 2010 Constitution.

“Even if public participation had not been done, which is not the case as it was in fact done, this ground alone would not have invalidated the National Transport and Safety Authority Act,” ruled Justice Mugambi.

The Petition was dismissed with no orders to cost.