The National Transport Safety Authority (NTSA) will soon have expanded powers regulate and investigate accidents and incidents across all modes of transport, including road, rail, pipeline, and air, should a Bill before the House be approved.

The National Transport and Safety Authority (Amendment) Bill, 2024, which is sponsored by Limuru MP John Kiragu, is seeking to consolidate all transport agencies under the jurisdiction of NTSA for more effective operationalization.

The Bill proposes the amendment of Section 4 of the NTSA Act by replacing the phrase “road transport and safety” with “transportation safety” to encompass all modes of transport, including air, rail, road, and marine.

Further, it is calling for the formation of an independent investigation unit within NTSA to enhance transportation safety and conduct thorough investigations into transport-related accidents.

Currently, road accidents are investigated by NTSA, maritime accidents by the Kenya Maritime Authority, while aircraft accidents are investigated by the Aircraft Accident Investigation Department which is domiciled in the State Department of Transport. Railway accidents are investigated by the Kenya Railways Corporation.

“Despite the presence of various agencies in the transport sector, accidents continue to rise, and there has never been a serious, coordinated investigation into why we are losing so many lives,” stated Kiragu when he appeared before the Transport Committee.

The legislator emphasized on the need for an independent investigative unit within NTSA whose mandate will be to examine accidents across all modes of transport.

“It’s not just about identifying accident black spots but addressing the root causes, whether it’s road design or other systemic issues. What we lack is an independent, expert body to analyze these cases comprehensively. The goal isn’t just compensation or legal action but to reduce accidents in the country,” he added.

The Bill comes after the Cabinet in 2023 gave the nod for the establishment of the Kenya Transport Accident Investigation Bureau as an independent and autonomous agency for road, rail, and water transport. A circulated memo noted that the Bureau was to detach the transport safety regulation from accident investigations, in a bid top ensure objectivity and autonomy.

And during the committee siting yesterday, Bureti MP Komingoi Kibet and Nakuru Town West MP Samuel Arama poked holes into the Bill, specifically expressing concern over the bid to separate the independent accident investigation unit from NTSA’s control.

“Delineating the regulator from the investigator is the best approach. NTSA would still fall short in conducting independent investigations. I support the establishment of a separate bureau for this purpose,” Kibet remarked.

Arama opined that were NTSA given the responsibility of investigating accidents, it would overburden the authority. He sought to have an independent body handle accident investigation.

Laikipia East MP Mwangi Kiunjuri advocated for the broadening of NTSA’s mandate through the centralization of accident investigations under the authority.

“There is a clear gap, and these amendments by MP kiragu propose a solution whose time has come. Why not strengthen NTSA by bringing experts together under one command,” posed Kiunjuri.