NAIROBI, Kenya, Nov 10 – There is no legal basis to subject Matatu operators a conditionality of the police clearance certificate for them to acquire PSV Public Service Vehicles (PSV) licenses or any other form of license issued by the National Transport and Safety Authority (NTSA)
The Transport Licensing Appeals Board (TLAB), a tribunal under the Judiciary that hears and determines appeals against the licensing decisions of the NTSA, has made the ruling following numerous complaints they received from the members of the public.
As a result, close to 50,000 former convicts and other Kenyans who have not acquired the licenses due to lack of a police clearance certificate will be issued with the licenses upon successful application.
The CEO of the TLAB Dr Andrew Kimani has written to relevant institutions including the Matatu Owners Association (MOA) on November 9.
“The Tribunal recently made a ruling as per the cases filed and declared that there is no legal basis to subject Matatu operators to a conditionality of the police clearance certificate for them to acquire PSV licences (badge) or any other form of licence issued by NTSA,” Dr Kimani wrote.
Dr Kimani directed the MOA to pass the information to Matatu County chairmen and members and advise them to contact the Tribunal when they are affected or aggrieved.
Dr Kimani said the ruling would ensure that the youth get the licence to enable them to secure employment in the matatu sector.
In July this year, the Tribunal wrote to the former Directorate of Criminal Investigations George Kinoti seeking clarity and his opinion on the certificate as a requirement before making a ruling.
The DCI, in a letter dated July 18, 2022, said the enabling provisions of the law have not provided avenues and mechanisms for the disposal of these records.
“The same continues to be stored in our databases. However, as a result of numerous concerns, the Principal Criminal Registrar is engaging the Attorney General for policy direction,” the DCI said.
The DCI added that they issue every applicant with the Police Clearance Certificate whether they have a criminal record or not. However, the remarks on the certificate will vary depending on whether or not the applicant has a criminal record.
“Police Clearance Certificate is issued either bearing information in the remarks in case of a previous criminal record which provides the offence’s result, if available. If the applicant has not been previously convicted of offences, the police clearance should read ‘NIL’,” the DCI said.
If the case is still pending before court or the results of the court case have not been submitted, it will be indicated as ‘Outstanding’.
In related news, offenders who will be pardoned through presidential mercy will be allowed to get police clearance if a new draft bill is approved.
The bill (Power of Mercy Amendment Bill) 2022 which is in its final stages of validation before it is forwarded to Cabinet for approval proposes to have criminal records for offenders who are pardoned expunged or sealed.
Want to send us a story? Contact Shahidi News Tel: +254115512797 (Mobile & WhatsApp)
