Currently, road accidents are investigated by NTSA and the Kenya Police, railway accidents by the Kenya Railways Corporation, maritime accidents by the Kenya Maritime Authority, and aircraft accidents by the Aircraft Accident Investigation Department under the State Department of Transport
The National Transport and Safety Authority (NTSA) could soon take charge of all transport-related accident investigations in the country if a proposed bill is approved by the National Assembly. The bill, sponsored by Limuru MP John Kiragu, aims to consolidate accident investigations across road, rail, pipeline, and air transport under NTSA’s jurisdiction.
Notably, the authority, led by Director-General George Njau, would assume the responsibilities currently handled by various agencies tasked with investigating accidents and incidents in the transport sector.
Appearing before the National Assembly Transport Committee chaired by Ndia MP George Kariuki, Kiragu defended the bill, formally known as the National Transport and Safety Authority (Amendment) Bill, 2024. The proposed legislation seeks to amend Section 4 of the NTSA Act by replacing the phrase “road transport and safety” with “transportation safety” to broaden the agency’s mandate to include all modes of transport — air, rail, road, and marine.
Additionally, the bill proposes the establishment of an independent investigation unit within NTSA to bolster transport safety by conducting thorough investigations into transport-related accidents.
“Despite the presence of various agencies in the transport sector, accidents continue to rise, and there has never been a serious, coordinated investigation into why we are losing so many lives,” Kiragu told the committee.
Currently, road accidents are investigated by NTSA and the Kenya Police, railway accidents by the Kenya Railways Corporation, maritime accidents by the Kenya Maritime Authority, and aircraft accidents by the Aircraft Accident Investigation Department under the State Department of Transport.
Kiragu stressed the need for an independent investigative unit within NTSA, highlighting that the focus should shift from merely identifying accident black spots to addressing systemic causes, such as road design flaws. “What we lack is an independent, expert body to analyse these cases comprehensively. The goal isn’t just compensation or legal action but reducing accidents in the country,” he added.
However, the proposal may face resistance, as international standards recommend that accident investigations be conducted independently of regulatory authorities to maintain impartiality.
In 2023, the Cabinet approved the establishment of the Kenya Transport Accident Investigation Bureau as an independent and autonomous agency for road, rail, and water transport. According to a Cabinet memo, the Bureau aims to separate transport safety regulation from accident investigations, ensuring objectivity and autonomy.
Bureti MP Komingoi Kibet and Nakuru Town West MP Samuel Arama expressed concerns about the proposed amendments, advocating for a clear separation between regulatory oversight and accident investigations.
“Delineating the regulator from the investigator is the best approach. NTSA would still fall short in conducting independent investigations. I support the establishment of a separate bureau for this purpose,” Kibet remarked.
“If we give NTSA the mandate to investigate accidents, we will be overburdening them. I doubt they have the capacity. An independent body should handle accident investigations,” Arama added.
Nonetheless, Laikipia East MP Mwangi Kiunjuri backed the proposal, arguing that strengthening NTSA’s role by centralising accident investigations under one authority would address existing gaps.
“There is a clear gap, and these amendments propose a solution whose time has come. Why not strengthen NTSA by bringing experts together under one command?” he said.
The National Assembly Transport Committee is set to continue deliberations on the bill, weighing the benefits of streamlining investigations under NTSA against concerns about maintaining impartiality in transport accident probes.
