The High Court in Nairobi has rejected a bid by four public service transport companies to overturn a ban imposed by the government on night time travel following the increase in the number of traffic accidents, particularly those involving inter-provincial buses travelling during the night time.
Justice Isaac Lenaola Tuesday rejected the case on grounds that the applicants did not table sufficient evidence to backing their arguments.
The judge released the application filed in the High Court by Kukena Sacco Limited, Starlingrad Limited, Nairobi Western Sacco Limited and Sabrin Bus Services, which had looked to quash the directive by Transport Cabinet Secretary (Minister) Michael Kamau to ban night travel.
The transport companies had contended that the directive was issued irregularly regardless of their being authorized and had made them suffer huge financial losses.
They said the cabinet secretary proceeded to force the travel ban without due regard to National Transport and Safety Authority Act licences which permitted them to travel at night time as the licences were still substantial and had never been revoked.
They further contended that the decision was discriminatory and severe since it only affected Public Service Vehicles.
Last week, a comparable petition was filled by Kenya Country Bus Owners Association, Mbukinya Bus Service, Crown Bus Service, Kampala Coaches Ltd, Traticom Ltd, Ugwe Bus Services, Trisha Collections Ltd, Panther Travels and Neno Courier Services challenging the government’s turn to ban night travel was put on hold pending Tuesday’s judgment.