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Super Metro reprieve as board overturns NTSA order suspending service
Super Metro buses alongside other vehicles along the Thika Superhighway.
The Transport and Licensing Appeals board has lifted the suspension of the operating license of bus company Super Metro.
The board chaired by Dr Adrian Kamotho lifted the suspension imposed by the National Transport and Safety Authority (NTSA) last week and ordered the company to resume operations ‘in due compliance with the law’.
“That this order be immediately served upon the Inspector General of the National Police Service,” the order stated.
The industry regulator suspended Super Metro’s license to ensure the company “complied and puts in place safety measures to protect lives of passengers and other roads users”.
But the company challenged the suspension arguing that NTSA did not give the company notice of any charge against it relating to any accidents from January to March 2025.
The firm added that NTSA also did not give the company a hearing or chance to deliberate before reaching the decision or deciding to suspend its license.
According to the company, the decision by NTSA was based on extraneous material or evidence and the bus company was not given a chance to refute the claims in contravention of the principles of natural justice.
“That there is no legitimate reason to revoke the license/authority of the Applicants as they have complied with all relevant provisions of law as required by the 1st Respondent (NTSA) and any attempt or action to suspend the licences have been occasioned by extraneous factors,” the company submitted.
'Unreasonable action'
The firm added that the revocation was unreasonable, irrational and manifestly unfair and it was bound to cause irreparable damage to the company.
Super Metro pointed out that in a letter dated March 18, NTSA stated matters relating to fatal accidents that were not in any way brought to its attention prior to the meeting and the said issues were being used as one of the matters to suspend its operations.
“That the fatal accidents were not conducted by the majority of the operators of the SACCO but rather individuals and the blanket condemnation and punishment is not only malicious but detrimental to the Applicant and its members who are innocent,” added the firm.
Dr Kamotho directed the matter to be heard on March 27.
“That pending inter-partes hearing of the motion and the memorandum of appeal herein on Thursday, 27 March 2025, an interim order is hereby issued staying the execution or enforcement or operation of the decision of the respondent dated 18th March 2025, suspending the operations of the appellant herein, Super Metro Sacco limited as a PSV operator,” the board said.
