James Ngomeli Chartered Marketer

Chief Energizing Officer | Energy Entrepreneur | Sustainable Brand, Communication & Behavior Change expert | Gender advocacy| Publisher |Author |father| Golfer

[James Ngomeli Chartered Marketer @jamesngomeli]

@mhdfaran Well done am following

[Elon Musk @elonmusk]

Just to reiterate: Tesla will spend well over $500M expanding our Supercharger network to create thousands of NEW chargers this year.

That’s just on new sites and expansions, not counting operations costs, which are much higher.

[James Ngomeli Chartered Marketer @jamesngomeli]

@WilliamsRuto .,g

[James Ngomeli Chartered Marketer @jamesngomeli]

Nice speech happy you can articulate government programmes

[James Ngomeli Chartered Marketer @jamesngomeli]

Landmark decision that is opening Job opportunities

[Zakheem Rajan - The Paparazzi @zakheem_rajan]

Salutations law students, May your pursuits in jurisprudence be marked by sagacity.

Today's Lesson: The Right to be Forgotten - Whether NTSA can Deny an Applicant a PSV Badge on Grounds that he has a Criminal Record in Outdated DCI Records. Josephat Ngugi Muongoya Githahu v National Transport and Safety Authority (Transport Licensing Appeals Board Case No E007/2022)

Brief Facts
In this case the appellant was aggrieved by the decision of NTSA not to issue him with a Public Service Vehicle (PSV) Badge citing that his Police Clearance Certificate (PCC) had an outstanding remark with regards to a criminal matter he had been acquitted of.

The Tribunal through the secretariat wrote a letter to Kericho Law Court Archives to provide court proceedings of the matter and another letter to the Directorate of Criminal Investigations (DCI) with evidence under law of General Data Protection Regulation, Article 17, which gives the data subject the right for his personal data to be erased (‘right to be forgotten’).

The reply from the DCI stated that; “…all the enabling provisions of the Law have not provided for avenues and/or mechanisms for the disposal of these records thus, the same continues to be stored in our databases. However, as a result of numerous concerns, the Principal Criminal Registrar is engaging the Attorney General for policy direction.”

The case set the grounds for the Directorate of Criminal Investigation (DCI) to enable them formulate regulations and policies on how long an individual’s criminal record stays in their system before it is updated.

Alternatively, it set precedent on how cases relating to Police Clearance Certificates and issuance of PSV badges are handled. All a client has to do is adduce evidence that the criminal case was concluded either through an acquittal or service of the imposed sentence term.

This yielded a 62% increase of drivers that got their PSV badge and in turn their employment in different Saccos helped contribute to the matatu sector which has a turnover of KSHS. 400 Billion Per annum. – general discussion – proposed to be deleted

Issues
i) Whether the respondent had a right to refuse to grant a PSV Badge to the Appellant on grounds that he had a criminal record?

ii) Whether notwithstanding the remarks on the appellant’s Police Clearance Certificate (PCC) the appellants’ application for a PSV Badge should be approved?

Holding
i) The appellant did not have a pending criminal matter in court rather the case was dismissed, therefore, the appellant should not be burdened with administrative punishment unless the respondent can come up with a policy or regulation showing that he should.

ii) Denying the appellant a PSV Badge based on automated information is a violation of his rights under the Data Protection Act, 2019. The respondent did not accord the appellant an efficient and fair administrative action contrary to Article 47 of the Constitution.

iii) The use of the information in the Police Clearance Certificate (PCC) that is generated from the DCI system that is not up to date, to determine the appellant’s application is a violation of his rights.

iv) The appellant had proved that he did not have an outstanding criminal matter and the remarks on his PCC were incorrect. Based on those facts the Appellant should be issued with a PSV Badge notwithstanding the remarks on his Police Clearance Certificate.

The Tribunal ordered the NTSA to issue the applicant with a PSV badge.

[@TransportLicensingAppealsBoard @TLAB_ke]

@zakheem_rajan Spot on Sir… Any (licensing) decision made by @ntsa_kenya can be appealed to the Tribunal..

[Saransh Kaushik @saranshwrites]

That’s a wrap!

If you found this thread valuable:

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[James Ngomeli Chartered Marketer @jamesngomeli]

@OleItumbi @WilliamsRuto @CJMarthaKoome This one l agree projects with big impact on economy and budgeted for should be concluded urgently

[James Ngomeli Chartered Marketer @jamesngomeli]

@KibetBenard_ @SamakiSamaki_Ke ,

[James Ngomeli Chartered Marketer @jamesngomeli]

@KibetBenard_ @SamakiSamaki_Ke ,,

[James Ngomeli Chartered Marketer @jamesngomeli]

@ahmednasirlaw It's all about passion to serve and wisdom the degrees and PhD don't help much

[Ahmednasir Abdullahi SC @ahmednasirlaw]

Kenyan opposition parties who have a REALISTIC chance of taking power after a general election must embrace the concept of "shadow ministers." Parties must train their future ministers for the job, allow them to have ideas/goals that need implementation in their prospective ministries and prepare them for the ministries they will run once they take power. The concept gives the appointing authority 23 individuals specialised in their areas of expertise and ready for office on day one. For instance, in Finance, Law and Order, Health or Education, you appoint shadow ministers who know the particular sector and have a history of involvement and engagement. If you appoint from the streets as Kenyan Presidents often do, you will fail and fail Kenyas..Look at the disaster we have now. H.E RUTO appointed 23 CSs mostly clueless, inexperienced, inept and ill-prepared for the ministries they were appointed. 13 months after appointment, none has really captured the attention or imagination of their victims (me and you) or understood the vision and goals of the appointing authority. As the President himself said, many still have no idea about their ministries. Serious political parties must have "shadow ministers" and prepare them well in advance to run their ministries once they take power. A well intentioned President should never appoint to office individuals with half page resume or are unknown in the specialised field of the ministry they are appointed to.

[James Ngomeli Chartered Marketer @jamesngomeli]

Pole sana she was a wonderful soul

[Joe Mucheru EGH @mucheru]

Good bye Njeri. We will miss you greatly.

[Joe Mucheru EGH @mucheru]

Good bye Njeri. We will miss you greatly.

[James Ngomeli Chartered Marketer @jamesngomeli]

Interesting times

[Maxwell 🕊 @MindWisdomMoney]

ChatGPT is phenomenal but try these 8 sites to finish hours of work in minutes:

[James Ngomeli Chartered Marketer @jamesngomeli]

Last month, I attended a high-level dialogue on women's employment in the energy sector hosted by the US government.

Every time I share a platform with past recipients of the Women in Energy Awards, it makes me feel proud (I bow to you, Dr Faith Odong…https://t.co/JD6NZdA4il

[James Ngomeli Chartered Marketer @jamesngomeli]

Last week, KENINVEST hosted a lunch session that I had the privilege of conceptualizing and moderating that brought together CEOs of state Agencies international , local investors and value chain players in the energy sector as a side event to the Africa…https://t.co/wZ24GdsWbj

[James Ngomeli Chartered Marketer @jamesngomeli]

Very proud moment to have discussions with Cabinet Secretary Energy and Petroleum Davis Chirchir and Principle Secretary Alex Wachira on Matter Independent Power Producers .IPP

l could sense the patriotism and passion to unlock key challenges tha…https://t.co/V6ME6AxsCW

[James Ngomeli Chartered Marketer @jamesngomeli]

I'm looking forward to the gala and listening to the inspiring tales of African energy.

Out of curiosity, I was wondering if there is a term in your language for Climate change?
I find it intriguing to learn about diverse cultures and languages. #clima…https://t.co/2cpOpefy6D

[James Ngomeli Chartered Marketer @jamesngomeli]

This agenda now sits at the core of energy descions.I am very proud of our partners and women who have been courageous enough to tell their story and the impact is revebrating across Africa . #energy #africa #inclusion #diversity