NTSA to have panded regulatory powers under proposed bill » Capital News
NAIROBI, Kenya, Feb 18 – The National Transport Safety Authority (NTSA) is poised to assume overarching regulatory authority across all modes of transport, including road, rail, pipeline, and air, with added investigative powers for accidents and incidents.
A bill sponsored by Limuru MP John Kiragu, currently under review by the National Assembly Transport Committee chaired by Ndia MP George Kariuki, seeks to consolidate all transport agencies under NTSA’s jurisdiction.
The National Transport and Safety Authority (Amendment) Bill, 2024, proposes amending Section 4 of the NTSA Act by replacing the phrase “road transport and safety” with “transportation safety” to encompass all modes of transport, including air, rail, road, and marine.
The bill further proposes the establishment of an independent investigation unit within NTSA to enhance transportation safety and conduct 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 emphasized the need for an independent investigative unit within NTSA to examine accidents across all transport modes.
“It’s not just about identifying accident black spots but addressing the root causes, whether it’s road design or other systemic issues. What we lack is an independent, expert body to analyze these cases comprehensively. The goal isn’t just compensation or legal action but to reduce accidents in the country,” he stated.
However, the proposal to establish an investigative unit within NTSA may face resistance due to international standards that recommend accident investigations be conducted independently of regulatory authorities to ensure 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 is intended 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 over the proposed amendments pushing for separation of independent accident investigation wing from NTSA jurisdiction.
“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.
However, Laikipia East MP Mwangi Kiunjuri voiced support for strengthening NTSA’s role through centralizing accident investigations under the transport agency.
“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,” Kiunjuri argued.