Night travel ban against Kenyans' rights, judge says

The High Court has loosened the rules and regulations that formed part of the government directives on public transport at night.

The court gave the Transport ministry and other relevant state authorities 60 days to formulate proper legislation on the matter.

However, Justice George Odunga observed that a total ban on night transport infringed on Kenyans’ rights on freedom of movement.

He said the government should have resorted to less restrictive means of curbing road carnage and not to restrict movement.

“It is upon the State therefore to ensure that the rates of death are reduced while freedom of movement does not become a torturous affair.” He said.

The judge also said the responsibility of safety on the roads cannot be shifted to the PSV operators.

"It would mean the government is shifting its responsibility by imposing rules and regulations that if found unconstitutional are null and void. Where human dignity is at risk, courts shall rely on the constitution as justice is due to all…people expect government to solve problems and not to create rules that curtail their freedom.”

Daily Nation