NTSA Set to Lose Road Crash Investigation Role Under New Bill Before Parliament

NTSA Set to Lose Road Crash Investigation Role Under New Bill Before Parliament

NAIROBI, Kenya – The National Transport and Safety Authority (NTSA) could soon lose one of its most significant mandates after lawmakers began considering legislation that would establish an independent national transport accident investigation agency to probe crashes across Kenya.

The proposed Kenya Transportation Safety Board Bill, 2026, currently before Parliament, seeks to create the Kenya Transportation Safety Board (KTSB), an autonomous body tasked with investigating accidents involving road, rail, aviation and maritime transport.

Supporters of the Bill argue that separating accident investigations from regulatory agencies will improve transparency, strengthen accountability and generate recommendations capable of reducing the country’s persistent transport-related fatalities.

The proposal was reviewed on Thursday, August 6, by the National Assembly’s Budget and Appropriations Committee, which examined the financial implications of establishing the new institution before the Bill proceeds through the legislative process.

If enacted, the new law will significantly reshape Kenya’s transport safety framework by transferring accident investigation responsibilities from the NTSA, the Kenya Civil Aviation Authority (KCAA), the Kenya Maritime Authority (KMA) and other transport regulators to the proposed independent board.

However, the affected agencies will continue carrying out their existing regulatory, licensing and enforcement functions as provided under their respective laws.

Independent Investigations to Improve Road Safety

While presenting the Bill before the committee, Limuru MP John Kiragu, who is sponsoring the legislation, argued that Kenya urgently needs an institution dedicated solely to investigating transport accidents without being involved in regulation or enforcement.

He noted that despite the existence of NTSA and other agencies, fatal road crashes continue to claim thousands of lives annually, raising questions about the effectiveness of the current system.

“We have a history of road tragedies, yet there appears to be no independent investigation body that examines accidents comprehensively and identifies solutions,” Kiragu told the committee.

According to the legislator, the proposed board will go beyond determining the immediate cause of an accident by examining broader systemic issues that contribute to crashes.

Investigations will include road engineering, vehicle mechanical condition, transport infrastructure, operational procedures, environmental factors and human behaviour before comprehensive recommendations are issued.

“We need to look at transport safety holistically. Is it our road design, the condition of our vehicles, or the conduct of road users? We need an institution that establishes the facts and makes recommendations,” Kiragu said.

The MP argued that independent investigations would help policymakers identify recurring safety weaknesses and implement evidence-based reforms capable of preventing similar tragedies.

Concerns Over Duplication of Roles

Despite broad support for improving transport safety, some lawmakers questioned whether creating another state agency would duplicate functions already assigned to NTSA and other transport institutions.

Eldas MP Adan Keynan cautioned Parliament against establishing overlapping bodies that could create confusion and unnecessary expenditure.

“We already have NTSA. The challenge is implementation. We should convene all stakeholders, interrogate the existing transport laws and ensure we are not creating overlapping mandates and jurisdictional conflicts,” Keynan said.

His concerns reflect broader debates within government over the increasing number of public agencies and the financial implications of establishing additional institutions.

Several committee members also sought clarification on how the proposed board would coordinate with existing regulators during investigations.

Model Borrowed From International Practice

Responding to concerns raised by legislators, Kiragu explained that the proposed board would function independently from transport regulators, similar to internationally recognised accident investigation agencies.

He cited examples from countries such as the United States, where independent transport safety boards investigate accidents without participating in enforcement or prosecution.

“This body will investigate accidents and make recommendations. The agencies responsible for enforcement and prosecution will then act on those findings,” Kiragu explained.

Under the proposal, regulators such as NTSA would continue enforcing traffic laws and implementing safety regulations, while the new board would focus exclusively on determining the causes of accidents and recommending preventive measures.

Stakeholder Consultations Expected

Members of the Budget and Appropriations Committee agreed that wider consultations involving transport experts, regulators, industry players and the public would be necessary before the Bill proceeds to the next stage in Parliament.

If ultimately approved, the legislation could mark one of the most significant reforms in Kenya’s transport safety sector in recent years.

Supporters believe an independent investigation body would strengthen public confidence in accident inquiries and help generate practical recommendations to reduce road carnage and improve safety across all modes of transport.

The Bill now awaits further parliamentary scrutiny as lawmakers continue evaluating its financial, legal and operational implications before deciding whether to approve the proposed reforms.

ALSO READ: Six Injured After Suspected Al Shabaab Roadside Bomb Hits Vehicle in Mandera

NTSA Set to Lose Road Crash Investigation Role Under New Bill Before Parliament