A tribunal has summoned National Transport and Safety Authority (NTSA) Director-General Nashon Kondiwa to explain why the regulator has blocked Embakasi Shuttle Limited from accessing its online licensing system despite a tribunal order to reopen it.
The Transport Licensing Appeals Board said NTSA had acknowledged receiving the company’s pleadings and orders to lift the digital suspension but had neither responded nor complied.
“Flouting of court orders undermines the proper administration of justice and risks anarchy. Accordingly, the prayer for summons is hereby allowed,” said the tribunal chaired by Adrian Kamotho Njenga.
NTSA’s lawyer admitted the portal remained closed, saying reopening depended on departmental approval. The online system allows PSV operators to submit vehicle details and complete licensing requirements.
Embakasi Shuttle Limited, a public service vehicle operator serving various Nairobi routes — including Kitengela, Athi River, Mombasa Road and Embakasi — moved to the tribunal on October 15, 2026, after NTSA blocked its access to the online portal. It argued that the closure prevented it from completing vehicle registration and licensing requirements.
The company says the closure also disrupted its transport business. NTSA approved Embakasi Shuttle as a transport operator in March 2022, but required it to apply for Road Service Licences for 30 vehicles within 30 days.
PSV rules require an operator to own at least 30 serviceable registered public service vehicles, or have licence applications lodged with NTSA. It also sets minimum staffing and safety requirements.
In January 2025, NTSA wrote back after receiving the company’s response to an earlier letter dated November 25, 2024. It said it had issued a 21-day notice requiring compliance with the PSV regulations and warned that failure to comp[y within 30 days would lead to suspension.
National Transport and Safety Authority Director-General Nashon Kondiwa (centre) speaks to the media in Nairobi on March 10, 2026.
Photo credit: File | Nation Media Group
Embakasi Shuttle says it set out to meet the requirements, but NTSA later closed its portal. Director Robert Orina told the tribunal the company was never served with a formal suspension decision.
“No actual letter of suspension or decision to suspend was issued to the applicant by the respondent at any particular time thereafter,” he stated in an affidavit.
Later on September 1, 2026, the company asked NTSA to reopen its portal and allow more time to complete compliance. It said the portal had been closed over outstanding requirements.
The company says it submitted lists of 32 vehicles and 32 conductors and sought 30 days to upload vehicle registration details, saying the portal closure prevented completion.
The company moved to the tribunal seeking orders to lift the suspension, reopen its portal and allow it to resume public transport operations.
It claimed the closure caused financial losses, affected members’ loan repayments and put vehicles at risk of auction.
On October 16, the tribunal certified the application as urgent, ordered NTSA to respond within seven days and lifted the portal suspension pending determination of the company’s case.
It permitted the company to resume operations “forthwith in line with the law”. It also directed service on the Inspector-General of Police and any other office formally served with the suspension notice.
When the matter returned to the tribunal on November 4, Embakasi Shuttle’s lawyer said the portal remained closed.
The tribunal noted NTSA had acknowledged service but had neither responded nor complied with its orders.
“No valid reason has been furnished, nor can there be any legal justification for disobedience of lawful orders,” the tribunal said.
It summoned Mr Kondiwa to appear at 3pm on Monday, November 9, to “to explain the repeated failure to comply with the Tribunals orders”. The substantive appeal remains unresolved.
