Saccos term petition to ban Matatus at fuel stations baseless, court told
They have asked the court to dismiss the case with costs, saying it lacks merit and is based on speculation rather than evidence.
The High Court has been urged to dismiss a petition seeking to bar matatus from operating at petrol stations in Nairobi, with 11 public transport Saccos terming the case politically motivated and economically destructive.
In court papers filed before the Constitutional and Human Rights Division, the Saccos argue that the petition lodged by Ezekiel Oyugi and John Karuru does not advance public interest but is instead designed to embarrass both the Nairobi City County Government and the national government.
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Through lawyer Danstan Omari, the Saccos said they have lawfully operated from designated petrol stations, including Total Energies (Rhino) and Ola Energy outlets at Afya Centre and OTC, for decades without a single safety incident related to fuel or liquefied petroleum gas (LPG).
In a replying affidavit sworn by Clinton Wambua, chairperson of one of the respondent Saccos, the operators accuse the petitioners of misleading the court by ignoring safety data showing that fuel tanks in such stations are installed underground and are located far from passenger pick-up areas.
Wambua told the court that the Saccos collectively operate over 1,200 vehicles, employ 3,485 staff, and transport thousands of passengers every day within the city. He warned that banning their operations from petrol stations would trigger massive financial losses—estimated at Sh3.17 billion in lost national and county taxes, Sh7.87 billion in lost business revenue for fuel, tyre, and maintenance dealers, and Sh2.86 billion in forfeited fuel taxes.
The affidavit further recalls that a similar attempt to relocate matatus to the Green Park Terminus in 2021 led to chaos and gridlock, demonstrating the impracticality of such proposals.
"The petition is underwhelming, flimsy, and politically driven," the respondents state, adding that the move would cripple the city's public transport network and destroy livelihoods tied to the matatu industry.
They have asked the court to dismiss the case with costs, saying it lacks merit and is based on speculation rather than evidence.
The case, Petition No. E652 of 2025 is currently pending before the High Court in Nairobi.
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