Drivers Who Fail Driving Test To Re-Test After A Week In Proposed New Law

Students who fail their driving test could be able to resit it after seven days if a law which seeks to revise the period from the current 21 days is passed.

The proposed amendment was pushed by the Automobile Association of Kenya (AA Kenya) and has received backing from the The National Transport and Safety Authority (NTSA).

“The Authority concurs with AA Kenya’s proposal to review the retesting period from 21 days to seven days for students who have taken the test and failed,” NTSA said in its submissions to Parliament.

The latest comes amid ongoing inspection of all Traffic (Driving Schools, Driving Instructors and Driving Licenses) Rules, 2020 by Parliament’s committee on Delegated Legislation.

The High Court in February suspended the implementation of the rules after the Driving School Association petitioned against them, citing inadequate participation before they were implemented.

Driving schools were, among other things, required to build their own infrastructure including model highways in the rules.

Justice Anthony Mrima in his ruling noted that although NTSA conducted public participation for the regulations, the Senate only dealt with 10 of the 47 rules.

“Given the above state of affairs and in view of the scrutiny role imposed upon the Houses of Parliament, this court finds and holds that the Senate did not sufficiently scrutinize the impugned rules,” said Mrima.

“The Senate also failed to satisfy itself that the impugned Rules were in compliance with Section 13 of the Instruments Act.”