A matatu Sacco that was suspended from operating its fleet of 159 vehicles following the death of a passenger three months ago has been granted a reprieve after the High Court temporarily lifted an order issued by the National Transport and Safety Authority (NTSA).
Nicco Movers Limited, which employs more than 5,000 people, resumed operations at 2 pm on Wednesday after Justice Janet Mulwa stayed the NTSA Tribunal's order to revoke the Sacco’s licence.
The tribunal, chaired by Dr Adrian Kamotho, had suspended the Sacco from operating after Eugene Mutivi Mutuku, a medical student, died on June 5, 2026.
Mr Mutuku, a Kenya Medical Training College intern, allegedly fell from a Nicco Movers vehicle near the Waumini radio station on Thika Road.
His mother alleged that the conductor had thrown him from the moving vehicle, whereas Nicco Movers claimed that he had jumped.
Urging Justice Mulwa to suspend the NTSA Tribunal’s order, Nicco’s lawyers, Danstan Omari and Stanley Kinyanjui, said that the circumstances surrounding the passenger’s death had not been determined.
Mr Omari asked the court to take judicial notice of the fact that only one vehicle out of a fleet of 159 was involved in the incident.
He added that the police should have arrested and charged the driver responsible instead of “blaming the Sacco wholesale”.
They also informed the judge that the power to arrest rests with the police, not the Sacco.
Mr Omari submitted that grounding the entire Sacco had put the majority of its vehicles, which had been bought through loans from several banks, at risk.
“Many of the vehicles have been exposed to repossession and auction due to loan payment default,” he told Justice Mulwa.
He urged the judge to intervene to prevent the loss of more than 5,000 jobs and the repossession of many vehicles by various lenders.
“We have filed an application challenging the decision of the NTSA Tribunal. We will serve the petition on NTSA for hearing after the current court vacation,” Mr Omari said.
In a brief ruling, the judge granted a temporary reprieve by staying the execution of the NTSA directive.
“That in the interim, pursuant to powers granted to the court under Section 3A of the Civil Procedure Act to make any orders necessary to the ends of justice, prayer 4 of the motion is hereby granted. That an interim order of stay of execution of NTSA judgment and orders are all stayed, to last up to September 22, 2026, when further orders shall be issued,” Justice Mulwa ruled.
In its application to set aside the NTSA judgment, Nicco said the tribunal had in August suspended its PSV operator’s licence with immediate effect, prohibiting it from carrying out its lawful commercial operations.
Nicco, which has since appealed against the NTSA's decision, said that it had complied with the conditions imposed by the authority. It had also presented its entire fleet for inspection and provided the necessary documents demonstrating compliance.
The judge heard that the suspension had a debilitating effect on the company’s operations, as it had effectively grounded its entire fleet of over 100 commercial PSV vehicles that depended on the operating licence.
“Unless the court intervenes, the appellants’ business operations shall remain at a complete standstill, thereby threatening the viability and continuity of its business, thus occasioning severe and irreversible commercial prejudice,” Mr Omari submitted.
In a supporting affidavit, Nicco Movers Ltd's Chief Executive Officer, Phenius Gitau Mugo, said the NTSA suspension order had greatly affected the company’s operations.
After granting the interim orders, the judge directed Mr Omari, who was also teaming up with lawyer Martina Swiga, to serve NTSA with the suit documents within seven days.
Justice Mulwa ordered the case to be heard on September 22, 2026.
