Nicco Movers Sacco has secured a temporary victory after the Transport Licensing Appeals Board suspended a decision by the National Transport and Safety Authority (NTSA) revoking its Public Service Vehicle (PSV) operator licence, allowing the Sacco to resume operations pending the hearing of its appeal.
In a ruling delivered on Wednesday, the tribunal issued interim orders halting the implementation of NTSA's June 9, 2026, decision that had grounded the sacco's fleet and barred it from operating.
“The implementation, enforcement and/or execution of the respondent’s decision contained in the letter dated 9 June 2026 revoking the appellant’s PSV operator licence is hereby suspended, pending the hearing and determination of this appeal or until further orders,” the board ruled.
The tribunal further directed that Nicco Movers be allowed back on the roads, but under strict conditions aimed at enhancing passenger safety and regulatory compliance.
“The appellant is hereby permitted to resume operations of its fleet subject to the implementation of a safety compliance plan which shall be filed within seven days,” the ruling stated.
NTSA had opposed the application, arguing that the sacco posed significant road safety risks due to alleged fleet management failures and breaches of transport regulations. The authority maintained that the licence revocation was necessary to protect passengers and other road users.
However, the tribunal found that the appeal raised serious legal questions that warranted a full hearing. Among the issues identified were allegations of procedural unfairness, denial of a fair hearing, disproportionate punishment and failure by the regulator to consider mitigating circumstances before revoking the licence.
“While the tribunal does not make definitive findings at this stage, these grounds disclose triable issues. A prima facie case has been established,” the board noted.
The tribunal also accepted the sacco’s argument that continued enforcement of the revocation would have severe consequences, including loss of employment for hundreds of drivers and support staff, grounding of vehicles and potential financial ruin.
“Such harm is difficult to quantify or reverse fully by damages, especially in a regulated sector,” the board observed.
Even so, the tribunal emphasised that public safety remains a key consideration in the dispute.
“Road safety is a paramount public interest concern generally under the NTSA Act. Unfettered assumption of operations which could endanger passengers and other road users cannot be countenanced,” the ruling stated.
The matter will be mentioned on July 2, 2026, when the tribunal is expected to issue further directions on the hearing of the appeal.
The action for the revocation was taken after investigations into safety and management failures following the tragic death of Eugene Mutuku, a Kenya Medical Training College (KMTC) student.
NTSA cited that Sacco's management had lost control of fleet operations and that the vehicles posed a significant danger to road users. Law enforcement officers were directed to immediately impound any Nicco Movers vehicle found operating despite the ban.
Comments
Sign in with Google to comment, reply, and like comments.
Continue with Google