The High Court has identified a discrepancy between the weight of cargo vehicles recorded in logbooks and the actual weight in a legal battle over the overload menace.
Justice Reuben Nyakundi said that the weight discrepancy between what is registered in the log book and inspection report, and the actual vehicle weight, needs to be streamlined to ensure accuracy.
The Judge, however, said that although the weight discrepancy requires administrative action, it does not constitute a violation of the Constitution. "Upon careful review, the alleged constitutional violations appear to be more accurately characterised as disagreements with administrative decisions rather than fundamental breaches of constitutional rights and as such after thorough analysis, this court finds that the petitioner has not established the constitutional violations alleged with the precision required under Anarita Karimi Njeru." "The weight discrepancies, while requiring administrative attention, do not constitute constitutional breaches," said Justice Nyakundi.
The case was filed by John Waithaka Thuo against Kenya National Highway Authority (KeNHA) National Transport and Safety Authority (NTSA), Kenya Bureau of Standards and vehicles manufacturer- Master Fabricators Limited.
