A court has ordered the energy sector regulator not to evict 13 matatu Saccos operating at petrol stations within the Nairobi Central Business District (CBD).
Justice Enoch Chacha Mwita directed the Energy and Petroleum Regulatory Authority (Epra) and the Nairobi City County not to execute a threat to kick out the matatu saccos from their picking and dropping points as it will cause uncertainty to commuters.
Justice Mwita further ordered the Attorney-General, Nairobi City County lawyers, Epra lawyers and Danstan Omari, who represents the 13 saccos, to meet within seven days and resolve the stalemate occasioned by a notice issued by the regulator.
Epra had issued a notice ordering matatus to vacate from Total Energies and Ola Petrol Stations in the Nairobi CBD where they operate. The petrol stations are at Afya Center along Tom Mboya Street and OTC along Ronald Ngala Street and River Road.
The judge directed all the legal teams to file a report by December 1, 2025.
"All the lawyers in this litigation including two interested parties Ezekiel Oyugi and John Gakuu are hereby directed to hold a consultative meeting within seven days to reach an amicable solution on the quit notice served upon the saccos by Epra," the judge directed.
Matatu sacco members follow proceedings at the Milimani High Court on November 19, 2025.
Photo credit: Billy Ogada|NationMedia Group
The court said if a solution is not reached, commuters from over 15 counties who alight and board vehicles from these stations will be affected.
In the suit filed by the saccos, matatu operators urged the court to prohibit Oyugi, Gakuu and the government agencies from effecting a threat to evict them. They argued that the fuel stations will also be affected by the eviction notice if the court does not intervene.
Their lawyer argued that besides employees from the affected saccos losing their jobs, Nairobi City County alone will lose Sh291 million in revenue and the government will lose Sh7.1 billion in revenue. Omari said the over 1,000 affected matatus which operate from the petrol stations pay a daily parking fees of Sh124.6 million.
He also argued that the disruption will affect other service providers like mechanics, spare part dealers and hawkers.
"The shut down would directly impact 3,485 staff members across the saccos, resulting in unemployment within the transport industry," saccos chairman Clinton Wambua states in his affidavit.
The judge directed all parties to file written submissions within 14 days and set the hearing on January 26, 2026. He also ordered another suit filed by Oyugi and Gakuu be heard together with the saccos' petitions.
