The High Court issued directions in a petition filed by 13 matatu Saccos challenging directives that require them to immediately stop picking up and dropping off passengers at petrol stations within Nairobi’s Central Business District.
Justice Chacha Mwita on Monday directed that all pleadings be served on every party before the matter is mentioned on November 19.
The orders were issued after the petitioners,among them Kinatwa SACCO, KAM SACCO, Makos SACCO, Muna SACCO, Kamuna SACCO, Inter-County Travellers SACCO, GTS Supreme SACCO, NNUS Shuttle, Transline Classic and others appeared before the court seeking urgent intervention.
The Saccos have sued the Energy and Petroleum Regulatory Authority (EPRA), the Nairobi County Government and the Attorney General, accusing them of issuing arbitrary and discriminatory directives that halt matatu operations at TOTAL Energies and OLA Energy stations within the CBD.
Through their lawyer Danstan Omari, the petitioners told the court that the directive issued on November 12, 2025 would cripple their businesses, disrupt public transport during the busy festive season and inconvenience thousands of commuters who rely on the affected routes.
In court documents, the Saccos argue that their pick-up points at petrol stations have operated for years without any safety incident and that similar activities remain permitted at petrol stations across other counties.
They said the move unfairly targets their operations while petrol stations continue to host other businesses with heavy human traffic, including restaurants, pharmacies, and garages.
The application further alleged that halting operations would cause irreparable harm, including job losses and financial losses to operators who have complied with all licensing requirements.
The petitioners also pointed to a similar case pending before another judge where the court declined to issue ex parte eviction orders, arguing that this shows their operations do not pose an immediate danger.
They now seek conservatory orders stopping EPRA and Nairobi County from enforcing the directive until the full petition is heard and determined.
They asked the court to order the OCS Kamukunji and OCPD Starehe to enforce compliance should interim orders be granted.
EPRA issued a strongly worded circular on July 23, warning oil marketing companies against allowing PSVs to operate within petrol stations.
EPRA said the practice violates the Petroleum Act, Cap. 308, the Traffic Act, and approved traffic management plans, adding that using fuel stations as termini creates serious fire hazards, obstructs emergency access, and undermines safety protocols.
The authority directed oil marketers to immediately audit their stations to identify any being used by PSVs and Issue cessation orders to dealers abetting such operations.
EPRA also wants them to ensure full compliance with environmental, health, and safety standards
Following the regulator’s directive, OLA Energy Kenya sent out its own notice dated November 13, requiring all its branded stations to cease offering any form of parking or operating space to PSVs.
The company allege significant risks, including fire hazards and obstruction of emergency access, and warned that continued violation would amount to a breach of dealer agreements.
OLA Energy also stated it would take proactive measures to remove any PSV vehicles found at its stations.
“Please note that the Company shall also take proactive measures to ensure the removal of any PSV vehicles present at the Service Stations on the authority/licence of the Company,” read the directive.
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