Matatu operator Super Metro will continue operating from a terminus on Moi Avenue after the High Court quashed a decision by the Nairobi County Government seeking to block it from accessing the spot.
Justice William Musyoka ruled that Super Metro can continue operating from the Moi Lane Kenya Cinema terminus, after finding that the county government acted unfairly when it blocked the company's vehicles from accessing the terminus.
The judge held that the county failed to give the operator prior notice, reasons for the decision, or an opportunity to be heard before taking action.
"Based on the above, the only conclusion that I can make is that the applicant herein was not given prior notice and reasons, before the decision or action to block its vehicles from accessing the terminus, which it had been permitted prior to access, and for which it had paid the requisite fees, was made or taken," Justice Musyoka said.
He added that Super Metro was denied an opportunity to make representations before the decision was implemented.
"Consequently, a case has been made out for grant of the orders sought, as the impugned decision was procedurally unfair, for the rules of natural justice were breached," he said.
The judge further noted that the action was taken abruptly and arbitrarily, without considering the inconvenience and disruption it would cause to commuters and the operator.
Super Metro moved to court in May 2026 after county officials blocked its vehicles from accessing the Moi Lane terminus.
In an affidavit sworn by company official Josphat Peter Mukuria, the operator said the county's action was contrary to a letter of authority issued on March 13, 2024, allowing it to use the Kenya Cinema terminus.
The company told the court that county officials unilaterally blocked access to the terminus on the night of May 25, 2026, without issuing any notice or giving reasons for the decision. It argued that it was never informed of any violation, nor was it given a chance to respond before the action was taken.
Super Metro also maintained that there was no legitimate basis for revoking its authority to operate from the terminus, because it had consistently complied with county requirements. The company argued that the county had neither suspended nor revoked its permit, yet it had arbitrarily closed access to the terminus while the authority remained in force.
The court noted that the company had been granted permission through a permit issued on March 13, 2024, allowing it to operate from the Kenya Cinema matatu terminus, subject to payment of seasonal fees and compliance with applicable laws and regulations.
Justice Musyoka said the Constitution and the Fair Administrative Action Act require public bodies to give adequate notice and an opportunity to be heard before taking administrative action that adversely affects an individual or organisation.
"As it is, the said application is unopposed, and the allegations made in it are uncontroverted," the judge said.
