The High Court has declined to issue orders stopping the Energy and Petroleum Regulatory Authority (EPRA) and Nairobi County from enforcing directives that require matatu Saccos to immediately halt pick-ups and drop-offs at petrol stations within Nairobi’s Central Business District.
Instead, Justice Chacha Mwita directed all parties to hold talks to find an amicable resolution on the immediate question of operations at petrol stations, while the case continues to be heard.
The court also issued detailed directions in the petition filed by 13 matatu Saccos, including Kinatwa SACCO, KAM SACCO, Makos SACCO, Muna SACCO, Kamuna SACCO, Inter-County Travellers SACCO, GTS Supreme SACCO, NNUS Shuttle, and Transline Classic.
Respondents and interested parties have been given 14 days to file and serve their responses, while the petitioners have 14 days to file a supplementary affidavit and written submissions not exceeding 10 pages.
Respondents and interested parties will then have 14 days to file their own written submissions.
The matter will be mentioned for further directions on January 16, 2026, before Justice Lawrence Mugambi.
In the meantime, counsel for the parties have been ordered to meet within seven days to discuss how to manage matatu operations at petrol stations during the interim period.
The outcome of these discussions will be reported back to the court on December 1.
“In the meantime, Counsel for the Party is to hold a meeting to address each side’s concerns on how to amicably resolve the immediate issue of operations of businesses at the petrol stations to report to court on 1st of December,” ruled Mwita.
The court also allowed an application dated November 18, joining Ezekiel Oyugi and John Karuu petitioners in a related case before Justice Mugambi as the 8th and 9th interested parties in the current proceedings.
The Saccos have argued that EPRA’s directive, issued on November 12, threatens to cripple their businesses, disrupt public transport during the busy festive season, and cause significant financial and job losses.
They say their pick-up points have operated for years without incident and point to similar activities being allowed in other counties.
EPRA, however, maintains that PSV operations inside petrol stations breach the Petroleum Act and Traffic Act, create fire hazards, obstruct emergency access, and compromise safety standards.
Following its July 23 circular, oil marketing companies including OLA Energy Kenya have been instructed to cease offering parking or operational space to PSVs and to remove any vehicles found violating the directives.
Justice Mwita said that the situation involves competing interests and that the courts must balance these while the matters are being resolved, urging parties to adopt a “multi-door approach”
“We have two competing interests. How do we manage this question even as we move to resolve this matter? I want parties to sit down and discuss the issue,” Justice Mwita said.
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