Relief for NTSA boss George Njao as court dismisses case on his removal from office

In the case filed at the Employment and Labour Relations Court, petitioner Edwin Were sought to have the court quash consent and subsequent adoption of the agreement that later saw the renewal of Njao's term as NTSA boss.

According to court documents seen by Citizen Digital, Mr. Were argued that he did not consent to an order that settled the matter challenging Njau's appointment to steer the road safety authority.

"THAT this Honourable Court be pleased to quash the impugned consent adopted on 16.01.2023, which was based on the non-participation, knowledge, and authority of the petitioner to his instructing advocate," reads the court documents.

In dismissing the case, Justice Byran described the petition as an abuse of court process and as res judicata (a matter already judged).

"...The instant application is an abuse of Court process and is res judicata. The applicant should have appealed if he was dissatisfied. The record shows that the applicant had instructed counsel who signed and filed a consent in Court, which was adopted by the Court as an order. Any lack of instructions on the part of the client, the applicant, should be addressed through professional disciplinary processes," ruled the judge.

Consequently, the court ordered the petitioner to pay for the costs.

"As the application is found to be an abuse of court process, the applicant will pay the costs of the application. In conclusion, the application dated 20.03.2024 filed by the petitioner is hereby dismissed with costs, as the preliminary objection is upheld," the court ruled.

Mr. Were claims that during Njau's initial three-year tenure as Director General, there was deliberate mismanagement and delinquency that resulted in the deaths of thousands of Kenyans due to road accidents.

Meanwhile, Matatu Owners Association President Albert Karagacha praised the improved working relationship between their association and the NTSA.

"Unlike previous times, we now have a good working relationship with NTSA. We have been conducting road safety campaigns across the country with the aim of keeping our roads safe and reducing road carnage,” he said.

Read Also: Matatu Owners Allow Gov't More Time to Address Issues Affecting Transport Sector