High Court Grants Nicco Movers Interim Relief to Operate Inspected Vehicles

Justice Janet Mulwa of the Milimani High Court certified an urgent application by Nicco Movers Limited and ordered that the operator may resume services with vehicles individually cleared by the National Transport and Safety Authority (NTSA) while the suspension of its public service vehicle licence remains under review.

The court directed that the order be served immediately on NTSA and interested party Jacinta Nzilani Mutuku, and gave the respondents seven days to file written responses, with a further hearing set for November 10, 2026 to determine the motion’s disposal.

Nicco Movers, represented by lawyer Danstan Omari, seeks to limit the blanket suspension imposed by the Transport Licensing Appeals Board, arguing that its fleet includes vehicles that have passed re-inspections and bear NTSA “PASS” stamps, and that only those verified units should be allowed to operate under conditions covering roadworthiness, insurance, licensing and crew compliance.

The operator contends that the earlier tribunal judgment on August 31, 2026 overlooked evidence of attempted compliance and that a vehicle-specific approach is supported by Section 34(3) of the NTSA Act, which permits removal of particular vehicles rather than a full licence suspension.

In its application, Nicco Movers presented bank statements for the period April 21 to October 21, 2026 showing credits of KSh105,029,803 and debits of KSh105,131,867, an average monthly gross credit of approximately KSh17.5 million, a loan repayment of KSh2.5 million on October 21, 2026 and a closing balance of KSh388,448, arguing that continued blanket cessation would jeopardise revenue, employee livelihoods and the ability to meet liabilities.

NTSA opposed the interim relief, maintaining that the operator had not satisfied the requirements of Order 42 Rule 6(2) of the Civil Procedure Rules and had failed to demonstrate substantial loss beyond ordinary commercial inconvenience, emphasizing public-interest concerns over documented safety risks and two fatal incidents on the Thika Superhighway.

The court’s interim orders allow Nicco Movers to run only those matatus that NTSA individually verifies as meeting statutory standards, while the broader dispute over the licence suspension and ten compliance concerns identified by the Transport Licensing Appeals Board remains pending.