By The Weekly Vision Reporter
The Senate has struck down three controversial regulations introduced by the National Transport and Safety Authority (NTSA), dealing a significant blow to the transport regulator’s reform agenda and offering relief to motorists, school transport operators, and commercial vehicle owners.
The decision, made on Wednesday after the Senate adopted a report by its Committee on Delegated Legislation, came the same day the Kenya National Commission on Human Rights (KNCHR) unveiled a draft legislative proposal to strengthen the constitutional right to peaceful assembly.
The Senate annulled the following legal instruments:
- Traffic (School Transport) Rules, 2026 (Legal Notice No. 11 of 2026);
- Traffic (Motor Vehicle Inspection) Rules, 2026 (Legal Notice No. 13 of 2026); and
- National Transport and Safety Authority (Operation of Commercial Vehicles) Regulations, 2026 (Legal Notice No. 14 of 2026).
According to senators, the regulations failed to meet the legal and constitutional standards required for delegated legislation. Lawmakers cited inadequate public participation, noncompliance with the Statutory Instruments Act, and the absence of mandatory regulatory impact assessments prior to the rules’ introduction.
Members of the House further argued that the regulations would have imposed substantial financial burdens on motorists, transport operators and businesses at a time when many Kenyans are grappling with a high cost of living. The now-annulled Traffic (Motor Vehicle Inspection) Rules, 2026 would have required annual inspections for most privately owned vehicles older than four years, with penalties for motorists who failed to comply.
Meanwhile, the Traffic (School Transport) Rules, 2026 proposed mandatory and costly upgrades to school buses, while the Operation of Commercial Vehicles Regulations, 2026 introduced new compliance requirements and operational restrictions affecting commercial transport operators.
During debate, Senate Minority Leader Stewart Madzayo, alongside Senators Dan Maanzo and Danson Mungatana, maintained that NTSA had attempted to implement the regulations without satisfying the legal requirements for parliamentary scrutiny and approval. They argued that the regulations were therefore invalid and should be declared null and void. The Senate’s resolution immediately halts the implementation of the three legal notices unless they are reintroduced through the proper legislative process.
The decision follows widespread public opposition, with motorists, transport associations and civil society organisations expressing concern over the economic implications of the regulations. Several court petitions had also been filed challenging their legality. In response to the mounting pressure, NTSA had earlier suspended enforcement of the private vehicle inspection requirements pending further review.
