Relief For NTSA Boss George Njao As Court Dismisses Case On His Removal From Office

The Director General of the National Transport and Safety Authority (NTSA), George Njao, has been granted significant relief following the High Court’s dismissal of a petition seeking his removal from office. This decision was made public on Friday, marking a critical turn of events in the ongoing legal battle concerning his position.

The case was initially filed at the Employment and Labour Relations Court by petitioner Edwin Were. Were’s primary objective was to overturn the consent and subsequent agreement that led to the renewal of Njao’s term as the head of the NTSA. According to the court documents reviewed by Citizen Digital, Mr. Were contended that he had not consented to an order that settled the matter challenging Njao’s reappointment to oversee the road safety authority.

Mr. Were’s argument centered on the claim that the consent adopted on January 16, 2023, was done without his participation, knowledge, or authority. “THAT this Honourable Court be pleased to quash the impugned consent adopted on 16.01.2023, which was based on the non-participation, knowledge, and authority of the petitioner to his instructing advocate,” reads the court documents. This assertion formed the crux of his petition, seeking to invalidate the renewal of Njao’s term.

However, in dismissing the case, Justice Bryan deemed the petition an abuse of court process and res judicata—a legal principle that prohibits the same case from being tried again once it has been judged. “…The instant application is an abuse of Court process and is res judicata. The applicant should have appealed if he was dissatisfied. The record shows that the applicant had instructed counsel who signed and filed a consent in Court, which was adopted by the Court as an order. Any lack of instructions on the part of the client, the applicant, should be addressed through professional disciplinary processes,” ruled the judge.

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The court’s decision underscores the importance of finality in legal proceedings and discourages the re-litigation of matters that have already been settled. Consequently, the court ordered Mr. Were to bear the costs of the application. “As the application is found to be an abuse of court process, the applicant will pay the costs of the application. In conclusion, the application dated 20.03.2024 filed by the petitioner is hereby dismissed with costs, as the preliminary objection is upheld,” the court ruled.

This dismissal brings to an end a contentious chapter for George Njao, who faced significant allegations during his initial three-year tenure. Mr. Were claimed that Njao’s tenure was marred by deliberate mismanagement and delinquency, which purportedly resulted in the deaths of thousands of Kenyans due to road accidents.

Despite these serious accusations, Njao has found support from key stakeholders within the transport sector. Albert Karagacha, the President of the Matatu Owners Association, praised the improved working relationship between their association and the NTSA under Njao’s leadership. “Unlike previous times, we now have a good working relationship with NTSA. We have been conducting road safety campaigns across the country with the aim of keeping our roads safe and reducing road carnage,” Karagacha stated.

This endorsement highlights the positive strides made in road safety initiatives and collaboration between the NTSA and transport stakeholders, suggesting that Njao’s tenure has also seen constructive developments.

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In conclusion, the High Court’s dismissal of the petition against George Njao signifies a pivotal victory for the NTSA boss. It underscores the legal principle of res judicata and emphasizes the necessity of finality in judicial matters. As Njao continues in his role, the focus will likely remain on enhancing road safety and fostering cooperative relationships within the transport sector to mitigate road accidents and save lives.