Matatus take EPRA and City Hall to court over ban on passenger pickups at fuel stations
In an urgent application, the matatu operators argue that the directive was introduced abruptly, without consultation, and took immediate effect despite its far-reaching operational and financial implications.
Thirteen matatu operators have petitioned the High Court to halt the enforcement of a new directive by the Energy and Petroleum Regulatory Authority (EPRA) and the Nairobi City County Government, which bars matatus from picking up or dropping off passengers at fuel stations within the Nairobi central business district (CBD).
In an urgent application, the operators argue that the directive was introduced abruptly, without consultation, and took immediate effect despite its far-reaching operational and financial implications.
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They contend that the order compelling all operators to cease passenger-related activities at fuel stations constitutes unfair administrative action, as it was issued without notice or a reasonable transition plan.
According to the petitioners, the sudden enforcement threatens to cripple their businesses and disrupt essential transport services relied upon by thousands of Nairobi commuters daily.
Likely to create chaos
The transport companies warn that implementing the ban at the start of the upcoming December festive season will likely create chaos, leaving many passengers stranded and severely affecting both long-distance and shuttle operations.
They maintain that "there is no evidence showing that their activities at petrol stations pose a danger to public safety," adding that similar operations continue uninterrupted in other counties.
Represented by lawyers Stanley Kinyanjui and Danstan Omari, the transport operators accuse EPRA and City Hall of unfairly targeting Nairobi commuters and businesses. They argue that the decision amounts to discriminatory enforcement of regulations that have not been uniformly applied across the country.
Through the application, the petitioners are seeking conservatory orders to suspend the directive, insisting that failure to issue immediate relief will lead to irreparable harm, sudden operational shutdowns, and significant financial losses.
The lawyers have urged the court to fast-track the matter, warning that any delay in granting interim orders will render the petition moot, as the effects of the directive are already being felt by operators and commuters alike.
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