The National Transport and Safety Authority(NTSA) Director General Dr Andrew Kiplagat has pleaded with the court not to cite him for contempt and civil jail as has been asked by Matatu owners whose vehicles had been impounded.
In a response to the contempt application filed by the Matatus, Kiplagat says they have complied with the orders issued by the court and thus the prayers being sought should not be issued.
In the case, The owners of several Nganya’s which were impounded and number plates confiscated filed a contempt of court application against Kiplagat for refusing to release number plates to them even after the court had ordered so.
Through lawyers Danstan Omari and Shadrack Wambui, the owners wanted the court to commit Kiplagat to six months civil jail for refusing to give them their plates.
However, Kiplagat says they have since complied with the court order and released all the number plates to the owners of the specified vehicles.
He argues that the owners of the matatus have failed to establish his actions and conduct were willful and deliberate and in disobedience of the orders issued by Court.
“the director NTSA has released ALL the Petitioners/Applicants’ identification plates in its possession including the identification plates of the owners of the four (4) additional vehicles who are not parties to these proceedings,” the affidavit reads.
He adds that he has at all times complied with the Orders of this Honorable Court and reiterates NTSA commitment and inclination to comply with all Court orders at all times.
“No basis or foundation has been laid by the Petitioners/Applicants for the grant of
the Orders sought and the Notice of Motion Application dated 4th February 2025 should be dismissed with costs,” he adds.
According to his affidavit, Kiplagat says he is stranger to the allegations and averments made by the Petitioners/Applicants in the Petition and Notice of Motion specifically that it impounded 31 saying it removed vehicle identification plates of only twenty-four (24) vehicles, eleven (11) of the identification plates.
Meanwhile Justice Bahati Mwamuye has granted leave of 14 days to the petitioners to amend petition and extended the interim orders to March 18 when the matter will be mentioned.
Court has directed that we have 14days leave to ammend and serve. Mn on 18th march for directions on the petition and directions on the interim orders not to subsist pending the hg of the application dated 28th Jan 2025; but extended to 18th March inclusive of that date.
