It is a big win for Matatu owners in Nairobi after the High Court ordered the National Transport and Safety Authority (NTSA) to release all impounded vehicles and return their confiscated registration plates.
Justice Bahati Mwamuye issued the directive pending hearing and determination of the case filed by Nganya Association.
“Pending the inter partes hearing and determination of the application, a conservatory order is hereby issued directing NTSA to return all confiscated registration plates to the affected matatus and release the impounded vehicles, unless they are lawfully held under a valid court order,” reads the order.
The matatu owners moved to court after NTSA impounded and forcibly plucked the number plates from their vehicles on January 21.
Through their lawyer Danstan Omari, they claim that NTSA disobeying court orders requiring it to hand back plucked registration numbers plates, has continuously impaired the running of their matatu businesses.
The matatus operate on key routes, including Embakasi, Kiambu Road, Ongata Rongai, and Thika Road up to Juja.
They allege that that they have suffered immense losses due to the enforcement measures, which have left their vehicles grounded.
The matatu owners claim they have been subjected to excessive and unjustified crackdowns, resulting in frequent NTSA inspections and impoundments.
“Due to these surprise crackdowns, our clients have been forced to park their vehicles in their backyards rather than risk impoundment and prolonged stays at police stations. Even brand-new vehicles have been unfairly flagged under the punitive and discriminatory inspection measures,” reads part of their court filing.
They argue that their vehicles being impounded for minor fixtures which they normally operate with undisturbed despite paying the compliance inspection fee is draining their pockets.
The petitioners further argue that their attempts to seek intervention and secure the release of their vehicles have been ignored, despite having operated on the same roads for years without prior issues.
In the petition they also sued the director general transport and safety authority and the in-charge national police traffic.
The case is set for mention on February 25, 2025.
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