Nairobi — The government on Saturday announced that the Court did not lift the night travel ban on Public Service Vehicles without a licence contrary to earlier reports in a section of the media on Friday.
A number of media houses sent incorrect SMS alerts indicating that the ban had been lifted.
As correctly reported by Capital FM News, Transport and Infrastructure Cabinet Secretary Michael Kamau said the court upheld the law requiring operators to obtain a special licence allowing their night travel.
Kamau in his statement added that the court found that the industry players had been consulted in the formulation of the laws as such they cannot claim not to have been involved.
The Transport CS urged the operators to continue complying with the regulations and refrain from night travel until they obtain the licence.
Last December the government announced that no PSVs will be allowed to carry passengers between 6pm and 6am without a night travel permit from the National Transport and Safety Authority (NTSA).
Transport Principal Secretary Nduva Muli said this was in line with the new regulations gazetted on December 17 2014.
He observed that most accidents were happening at night, throwing the blame to the PSV operators who he said were reluctant to adhere to laid regulations.
"These require operators of buses at night to meet certain conditions. If they are not meeting those conditions, the position is that they should not be operating, no option," Muli emphasised.
According to the regulations under Legal Notice 219, of the National Transport and Safety Authority Act, every operator of a night time long distance passenger service, must first ensure they employ two drivers certified by the authority.
The operator must also ensure that a driver does not travel for more than eight hours and must take a break of eight hours before the next shift.
"Most of our accidents are happening at the last quarter of the journey in the night and that tells it all," Muli lamented.
The rules also require that all the journeys are planned in a manner that allows a 30-minute refreshment break for both the driver and the passengers at an appropriate location after every three to four hours in the course of the journey.
The ban was however met with opposition as bus operators took to the courts seeking a lift of the ban.