Relief for matatu operators after High Court halts eviction from CBD loading zones
Justice Chacha Mwita directed EPRA and the Nairobi City County Government to hold off on enforcing a recent ban that prohibits matatus from using fuel stations as passenger loading and drop-off points.
Thirteen matatu operators have won temporary protection from eviction after the High Court stopped the Energy and Petroleum Regulatory Authority (EPRA) from ejecting them from Total and OLA petrol stations within Nairobi's Central Business District.
Justice Chacha Mwita issued the interim orders on Wednesday, directing EPRA and the Nairobi City County Government to hold off on enforcing a recent ban that prohibits matatus from using fuel stations as passenger loading and drop-off points.
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The orders will remain in place until the operators' petition is fully heard.
The transport companies, represented by lawyer Danstan Omari, told the court that the sudden enforcement directive had thrown the sector into disarray and jeopardised the livelihoods of thousands of workers who depend on those stations as established termini.
Omari said the shutdown notice issued by EPRA and City Hall was "abrupt and disruptive," adding that it had caused uncertainty among operators and commuters alike.
In their urgent application, the petitioners — including ENA Coach, Easy Coach, Mololine, North Rift, GTS Supreme Sacco, Nenus Shuttle, Transline Classic, Prestige Limited, Kangema Sacco and Super Premium T&T — argued that the ban unfairly targets Nairobi commuters while similar operations proceed unchallenged in other parts of the country.
They told the court that they were instructed to stop operations immediately, despite having used the stations for years without any reported safety incidents. The companies warned that enforcing the directive during the busy Christmas travel period would paralyse both long-distance and shuttle services, leaving scores of passengers stranded.
According to the petition, the directive is not only procedurally flawed but also poses a risk of severe financial losses and potential collapse of operations if not halted. The operators said they rely on the stations as legally designated points for passenger movement and that sudden closure would cause irreparable harm.
They urged the High Court to treat the case as a priority, insisting that failure to issue conservatory orders would make their petition meaningless.
Justice Mwita scheduled the matter for hearing, noting that the interim relief was necessary to preserve the status quo while the court determines whether EPRA and City Hall acted lawfully in issuing the ban.
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