The National Transport and Safety Authority (Amendment) Bill, 2026
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New NTSA Licensing for Conformity Assessors
Inserts Section 26A into Cap 404, requiring conformity assessors to apply for and obtain a licence from the Authority in a prescribed form. These licences will be valid for a period of three years.
Elimination of Conflict of Interest
To prevent industry self-regulation, Section 26A(2) prohibits conformity assessors from having any link to, or engaging in, the design, manufacture, supply, installation, purchase, ownership, or maintenance of the vehicles they inspect.
Mandatory Technical Reporting and Audits
Under the new Sections 26B and 26C, the Authority must conduct periodic compliance audits on assessors and designate assessors every three years. Conformity assessors are required to submit a technical report to the Authority upon completing any assessment.
Bill No.
Senate Bills No. 12
Gazette No.
Supplement No. 180
Sponsor
Kathuri Murungi
Background
The National Transport and Safety Authority (Amendment) Bill, 2026 addresses an existing regulatory gap regarding the inspection and assessment of public service vehicles. Currently, public service vehicle assessments have been carried out through the Kenya Association of Bus manufacturers. This has resulted in a conflict of interest, as the association's membership includes the owners of the public service vehicles being assessed.
Key Amendments
The Bill introduces several amendments to the National Transport and Safety Authority Act (Cap 404):
- Section 2: Amends the Act to define "conformity assessment" and "conformity assessor."
- Section 4: Amends subsection (2) to explicitly empower the Authority to register and license conformity assessors.
- Sections 26A, 26B, and 26C: Inserts new sections to regulate the licensing, powers of the Authority, and submission of technical reports by assessors.
New Obligations
- Licensing Requirements: Conformity assessors must apply for and maintain a license, which is valid for three years.
- Strict Independence: Assessies must not be involved, directly or indirectly, in the design, manufacture, supply, installation, purchase, ownership, or maintenance of the vehicles being assessed.
- Technical Reporting: Assessors must submit a formal technical report to the Authority upon completing a conformity assessment under Section 26B(2).
- Regulatory Oversight: The Authority is mandated to prescribe the criteria for conducting assessments and must perform periodic compliance audits on conformity assessors.
Transitional Provisions
The Bill does not specify transitional provisions for existing assessors operating prior to the enactment of this amendment.
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