Justice George Odunga said the regulation should be halted to await the hearing and determination of a case lodged by Kenya Country Bus Owners Association which is contesting the new traffic rules.
The judge said regulation 11 of legal notice 23 of 2014 in relation to the roof top carriers shall remain in abeyance on grounds that it infringes upon the freedom of those with disability to move with their gears such as wheel chairs since the same can only be carried on the carriers.
The judge said compelling persons with disability to secure two separate modes of transport would be discriminatory.
The Bus owners have sued the Transport Cabinet Secretary Joseph Kamau and NTSA for requiring them to remove roof carriers on buses.
Through lawyer Harrison Kinyanjui they argued that without them, the public costs of travel will increase as they enable buses to ferry cargo not readily ferried by other means.
“ Physically disabled people will be turned away from traveling merely to comply with this draconian regulation since the applicants have specifically maintained roof carriers on their buses to facilitate the enjoyment by the physically disabled,’’ Kinyanjui argued.