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Post Reply: Proposed Bill Aims to Centralize Transport Crash Oversight Under NTSA in Kenya

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 6, 2025, 8:00 am</div><div id="pl-7388"  class="panel-layout" ><div id="pg-7388-0"  class="panel-grid panel-no-style" ><div id="pgc-7388-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7388-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">A new legislative proposal in Kenya seeks to transform the National Transport and Safety Authority (NTSA) into the central body responsible for investigating crashes across road, rail, air, maritime, and pipeline transport sectors. Sponsored by Limuru Member of Parliament John Kiragu, the bill is designed to streamline the country’s transport safety framework by consolidating oversight under a single authority. This move comes in response to growing concerns over inefficiencies in the current system, where multiple agencies handle accident investigations for different transport modes, leading to delays and fragmented responses.</p>
<p dir="ltr">The bill, currently under review by the National Assembly Transport Committee, chaired by Ndia MP George Kariuki, proposes amendments to the NTSA Act. Specifically, it would expand the agency’s mandate by replacing the term “road transport and safety” with “transportation safety” in Section 4 of the Act. This change would grant NTSA authority over all transport-related crashes, a significant shift from the existing structure where road crashes are handled by NTSA and the Kenya Police, rail incidents by Kenya Railways Corporation, maritime accidents by the Kenya Maritime Authority, and air crashes by the Aircraft Accident Investigation Department under the State Department of Transport.</p>
<p dir="ltr">Kiragu, presenting his case before the Transport Committee on August 5, 2025, emphasized the need for a unified approach. He argued that the current fragmented system creates inefficiencies, delays responses, and hinders comprehensive analysis of accident causes. By centralizing oversight, the bill aims to eliminate overlapping roles among agencies, enabling faster and more coordinated responses to crashes. Kiragu highlighted that the goal is not only to address immediate crash investigations but also to identify systemic issues, such as poor road design or other contributing factors, to prevent future incidents.</p>
<p dir="ltr">The proposal includes establishing an independent investigative unit within NTSA to handle crash investigations across all transport modes. This unit would focus on analyzing root causes and recommending preventive measures, moving beyond merely identifying accident black spots or pursuing legal action. However, the idea of housing this unit within NTSA has sparked debate. Critics, including Bureti MP Komingoi Kibet and Nakuru Town West MP Samuel Arama, argue that international best practices advocate for separating regulatory and investigative functions to ensure impartiality. They suggest that an independent Kenya Transport Accident Investigation Bureau, approved by the Cabinet in 2023, would be better suited to handle these investigations autonomously.</p>
<p dir="ltr">Concerns have also been raised about NTSA’s capacity to take on such an expanded role. The agency has faced scrutiny in recent years for issues like delays in issuing smart driving licenses and limited control over its Transport Integrated Management System. An audit in June 2024 revealed that NTSA staff lacked full access to this critical digital platform, raising questions about the agency’s readiness to manage a broader mandate. Lawmakers, including Rarieda MP Otiende Amollo, have stressed the need to clarify the status of the Kenya Transport Accident Investigation Bureau before granting NTSA additional responsibilities.</p>
<p dir="ltr">The bill’s proponents argue that centralizing oversight could enhance Kenya’s compliance with international transport safety standards, particularly in aviation, where recent crashes have drawn attention to the country’s safety record. The National Assembly Transport Committee plans to summon the Cabinet Secretary for Transport, Davis Chirchir, to discuss how the proposed legislation aligns with global best practices. These discussions will also address concerns about transparency and institutional independence, ensuring that the new framework meets both national needs and international obligations.</p>
<p dir="ltr">The proposed changes come at a time when Kenya is grappling with a high rate of transport-related accidents. NTSA reports indicate that over 4,000 people die annually in road crashes alone, with 1,189 fatalities recorded between January and April 2024. Pedestrians have been particularly affected, with 445 deaths in the same period. The agency has identified speeding, lane indiscipline, unroadworthy vehicles, and recklessness as leading causes of road accidents. Rail, air, and maritime incidents have also contributed to the country’s transport safety challenges, underscoring the urgency of a more cohesive approach.</p>
<p dir="ltr">As the bill progresses through the legislative process, it is expected to face rigorous scrutiny. Lawmakers will likely debate the balance between centralization and independence, as well as NTSA’s ability to handle its expanded role effectively. The outcome of these discussions could reshape Kenya’s transport safety landscape, with the potential to reduce accidents and improve coordination across all modes of transport. For now, stakeholders await further deliberations to determine how the country will address its pressing transport safety challenges.</p>
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