NGOGOYO 237 TO SUE NTSA, THIKA TRAFFIC POLICE FOR FAILURE TO ENFORCE BASIC FUNCTIONS.

Ngogoyo 237 has resolved to challenge the mandate of the National Transport & Safety Authority (NTSA) in court by making a formal complaint concerning their failure to enforce their core function of ensuring public safety on Thika roads.

Through their lawyer Mr. Maina Muchiri, the members want this body disbanded for failing in its duties.

According to the NTSA ACT 33 of 2013, the NTSA has been mandated to enforce public safety on the roads by mapping up ways to curb and prevent accidents. Among these functions was to constitute a Sub-county safety committee, regulate motor vehicle and drivers licenses, enforce public road safety measures, compile inspection reports relating to accidents, among others. 

Mr. Muchiri said that NTSA and the traffic police department had failed in all the above functions since it had let the rogue Kenya Mpya Bus Company to continue killing innocent people with impunity. 

The members believed that if these two bodies executed their mandate in the same zeal they did to the alco-blow and the speed-limit fights, Thika people would not be crying about the frequent deaths that resulted from accidents involving the Kenya Mpya Buses. They said that it was apparent that the management of this bus company had 'bought' impunity hence the reason they all turned a blind eye whenever cases involving these buses were placed on their desks. They unanimously agreed that enough was enough and they would not take things lying down any longer.

"The death of Onesmus (Ngogoyo Welfare Vice-Chair) has ignited the fire. We will not sit back and watch another family shed tears as a result of reckless drivers and negligence of duty by bodies ran through taxpayers money. This Kenya Mpya needs to be put on check and regularized," Mr. Muigai the Ngogoyo 237 Patron.  

They agreed to demand, from the NTSA, a forensic audit and a list of all accidents involving Kenya Mpya buses since they came to Thika in 2013, a compiled report of all casualties and injuries that resulted from these accidents as well as the police reports in relation to all these accidents. They also plan demand an audit of all drivers and inspection reports of these buses. 

As a body ran on taxpayers' money, Mr. Muchiri reminded Kenyans that NTSA was fully answerable to all the citizens of this country adding that Section 25 of the NTSA ACT held them fully responsible for any loss or death that resulted from their negligence.

"Section 25 gives the victim the right to sue NTSA for damages caused as a result of their failures. It says and I quote;- Liability of the Authority to damages

The provisions of section 24 shall not relieve the Authority of the liability to compensate or pay damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, whether wholly or partially of any works.'" He said.

"We are therefore going to call on all those victims that have been affected by the Kenya Mpya accidents from any part of this country to come out and be enjoined in our suit. Onesmus' case should mark the end of the tears resulting to the recklessness of the bus company," he concluded.