Several public service vehicle (PSV) Saccos have defended their operations at petrol stations in Nairobi, dismissing a petition seeking their removal as a politically motivated attempt to cripple the transport sector.
In a replying affidavit, the Saccos among them Prestige, Kinatwa, KAM, Makos, Kamuna, Kangema Travellers, Inter-County, Muna, GTS Supreme, Kigumo T, Transline Classic, and NNUS Shuttle argue that they have operated safely from the same petrol stations for decades without a single fuel or gas-related incident.
The petition, filed by Ezekiel Oyugi and John Karuru, accuses the Saccos and their host petrol stations of endangering public safety by using fuel stations as pickup and drop-off points.
The suit names the Nairobi City County Government, Total Energies (Rhino), OLA Energy (Afya Centre and OTC), and several matatu operators as respondents.
Through their lawyer Danstan Omari, the Saccos told the court that the petitioners were acting in bad faith and pursuing “a political witch-hunt” disguised as public interest litigation.
“The petitioners are not public-spirited Kenyans as they claim. They are engaging in a political witch-hunt meant to embarrass the Nairobi County administration and frustrate the national government,” said Clinton Wambua, chairperson of one of the respondent Saccos, in an affidavit sworn on behalf of 12 matatu cooperatives.
The Saccos warned that halting their operations would have far-reaching economic and social impacts, estimating losses of over sh 3.1 billion in annual revenue to both national and county governments, alongside job losses for more than 3,400 employees and hardship for their families.
They further argue that the shutdown would also affect service providers in the automotive and petroleum sectors, leading to an estimated Sh7.8 billion loss annually in fuel, servicing, and tyre sales.
“There has never been a single incident of fuel-related danger involving our vehicles at petrol stations since independence. The underground fuel tanks are located tens of metres away from where vehicles park,” read court documents.
The Saccos said the petitioners’ proposal to move matatus to the Green Park or Bus Station termini was impractical, citing the failed 2021 Green Park trial, which led to severe congestion and confusion.
“The attempt to relocate vehicles to Green Park turned chaotic, creating one of the worst traffic mishaps in Nairobi. Adding hundreds of upcountry vehicles to Bus Station would only worsen congestion and endanger passengers,” they said.
Omari urged the court to dismiss the petition, saying it lacked merit, evidence, and a factual basis to justify interfering with lawful transport operations that serve thousands of Kenyans daily.
“The Petitioners have not demonstrated any compelling reasons to negate our statistics and data and the Petition cannot therefore stand the test of justiciability and good use of judicial authority,” said Omari.
The petition also listed the National Environment Management Authority (NEMA) and the Energy and Petroleum Regulatory Authority (EPRA) as interested parties.
Justice Lawrence Mugambi had on october 13, directed that the petition be served on all respondents within seven days, and that they file their responses within 14 days of service.
The judge also allowed the petitioners to file a rejoinder, if necessary, and scheduled the matter for further directions on January 26, 2026.
Oyugi had sought orders stopping public service vehicles (PSVs) from operating at petrol stations within the city, alleging grave safety risks to passengers and the public.
In his petition dated October 7, he accused the authorities of failing to enforce safety regulations and allowing matatus to use petrol stations as illegal pick-up and drop-off points.
Oyugi said the practice poses an imminent danger.
“It just takes one spark, one cigarette ember to set off an explosion at a petrol station. There’s tragedy waiting to happen at many petrol stations,” he said.
He claimed that the Nairobi City County Government, which is listed as the first respondent, has failed to act despite earlier directives banning PSVs from operating within fuel stations.
According to the petition, a 2019 directive by the then Nairobi Parking Services instructed petrol stations to lock out matatus, terming them unsafe and unapproved for passenger operations.
However, the directive was allegedly ignored, allowing operators to continue business as usual in collusion with rogue officials.
Oyugi argued that the respondents have failed in their constitutional duty to protect the public.
“Unless the court intervenes, the Constitution and the law, which are already being contemptuously contravened, will continue to be violated,” he stated.
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