Tribunal lifts NTSA’s ban on Super Metro, allows matatus to resume operation
In a ruling issued on Monday, the board certified the case as urgent and allowed Super Metro to resume operations immediately while awaiting the full hearing of its appeal.
Super Metro sacco commuters and crew can now breathe a sigh of relief after the Transport Licensing Appeals Board lifted an order that had halted its operations.
The matatu sacco has been granted temporary relief after the appeals board lifted the enforcement of a decision by the National Transport and Safety Authority (NTSA), which had stopped its operations as a public service vehicle operator.
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In a ruling issued on Monday, the board certified the case as urgent and allowed Super Metro to resume operations immediately while awaiting the full hearing of its appeal.
“An interim order is hereby issued staying the execution, enforcement, or operation of the decision of the respondent dated 18th March 2025, suspending the operations of the appellant herein, Super Metro Sacco Limited, as a PSV operator,” the order reads.
The board directed that NTSA be served with the appeal documents immediately. In response, NTSA must file its reply by the close of business on Tuesday, March 25, 2025. Super Metro will then have until Wednesday, March 26, 2025, to submit any additional documents in support of its case.
A hearing for both the appeal and the accompanying application has been scheduled for Thursday, March 27, 2025, at 2:30 pm.
Until then, the suspension of Super Metro’s operations will remain on hold.
The order also instructed that the ruling be served on the Inspector General of Police.
Arbitrary and unjust
The matatu sacco on Friday filed an appeal with the Transport Licensing Appeals Board in Nairobi, challenging NTSA’s decision to suspend it, terming the move arbitrary and unjust.
The sacco argued that it has made significant investments to comply with regulatory requirements and warned that NTSA’s decision would cripple its operations, affecting thousands of livelihoods.
In its appeal, the company claimed the suspension was based on insufficiently investigated facts and mere conjecture.
The sacco further described the action as malicious and called for the immediate revocation of the suspension.
NTSA suspended the sacco’s operating licence over what it described as multiple violations of public service vehicle (PSV) regulations.
The authority maintained that "the decision was necessitated by the need to ensure the company is not only compliant but has also implemented safety measures to protect the lives of its passengers and other road users."
According to NTSA, an in-depth review of the sacco’s operations revealed several cases of non-compliance, including lapses in vehicle inspection, licensing failures, speed limiter violations, employment of unqualified drivers, and breaches of labour laws.
Expired inspection certificates
The agency noted that 15 of the company’s 523 vehicles had expired inspection certificates, while eight lacked valid road service licences.
Additionally, 294 vehicles were flagged for speed limiter infractions, ranging from expired certificates and inadequate speed limiter records to instances of vehicles exceeding the 80 km/h limit.
However, Super Metro dismissed NTSA’s findings as outdated and unfounded.
Addressing the issue of unqualified drivers, the sacco clarified that the 64 drivers who reportedly failed retests on March 10, 2025, had already undergone the necessary retraining and retesting three weeks earlier, in full compliance with regulations.
The company emphasised that all affected drivers have since been recertified and are now fully qualified to operate their vehicles.
Despite contesting the suspension, Super Metro complied with NTSA’s directive on Saturday by presenting its vehicles for inspection.
The company delivered its fleet to the Likoni Road motor vehicle inspection centre in Nairobi’s Industrial Area, where NTSA officials oversaw the process. The inspection aimed to ensure the vehicles meet all safety and operational standards before the sacco can resume full operations.
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