The Kenya National Highways Authority (KeNHA) has accused a transporter of flouting the dimension of its own abnormal cargo licence issued by the agency.
According to KeNHA, P.N Mashru applied to transport an abnormal cargo with a 5.3 metres but instead loaded a container measuring 5.8 metres.
Consequently, the lorry was detained at Dongo Kundu weighbridge where it's driver was charged in court and fined.
The Deputy Director in charge of Axle Load Control at Kenya National Highways Authority (KeNHA) Eng. Michael Ngala today Wednesday addressed the media on the issue.
Eng. Ngala noted that the transporter applied for a permit whereby he was seeking to transport a cargo with 5.3 meters height which was approved by the KeNHA officials after assessment.
"After the transporter got the permit, they set off the journey but after reaching the Dongo Kundu weighbridge, our measurements to confirm compliance with the permit that we had earlier issued revealed that the height of the cargo plus the vehicle was 5. 8 meters," Eng. Ngala said adding that this was a clear violation of permit conditions which is actually against the law.
According to Eng. Ngala, the transporter had the details of the cargo he wanted to transport and keyed them when applying for the permit.
"When we intercept such kind of trucks, we actually charge them in court. In this particular case, the transporter was charged in court and the court found them guilty and convicted them by fining them Ksh 20, 000 each," he added.
According to Eng. Ngala, the court made it clear in its sentencing that once the vehicle has complied with the height requirements, then that is when it can be released.
"The transporter was then afforded another opportunity to apply for an amendment of the permit but this had to come with another separate route location. They were to supply us with a proposed route plan which is going to ensure that the height of 5.8 meters is carried through our network without any problem," he said.
Eng. Ngala added that as an authority, they actually bend backwards to accommodate the transporters to facilitate them to be able to move emphasizing that where there is a criminal element that is a subject of court determination and the authority observes the rule of law under the EAC Act and the Traffic Act.
"In EAC, as partner states, we have to ensure that we obey the law that is applicable across just like we expect other partner states to also comply with the law. There is no EAC partner state which has declared hostility to that Act which is a supreme law."
Eng. Ngala appealed to transporters both local and international that the law is not a subject of abuse but a subject that requires everybody to subscribe to the rule of law urging transporters to carry their loads within the weight limits that are prescribed.
He also urged them to carry cargo that is within the approved dimensions, and if they exceed the legal limits, they should seek an exemption permit through KeNHA.