Tribunal suspends NTSA revocation of Nicco Movers license after passenger’s fatal fall

The Transport Licensing Appeals Board has suspended the National Transport and Safety Authority’s (NTSA) decision to revoke Nicco Movers Limited’s Public Service Vehicle (PSV) operator licence, allowing the Sacco to resume operations pending the hearing and determination of its appeal.

In interim orders, the tribunal chaired by Hillary Kangogo Songoyo, alongside members Benson Gichohi Ngure and Jackline Millicent Omiti, stayed the implementation of the NTSA’s revocation letter dated June 9.
The orders permit the Sacco to resume operating its fleet, subject to compliance with strict safety conditions.

The tribunal directed Nicco Movers to file a comprehensive safety compliance plan within seven days, warning that any breach of the conditions could attract immediate sanctions.

NTSA was also granted the liberty to seek urgent vacation of the interim orders should the Sacco fail to comply.

Nicco Movers, through their lawyer Danstan Omari, argued that the regulator’s decision was procedurally unfair and predetermined.

The Sacco contends that although the revocation letter is dated June 9, the hearing at which it was invited to present its case took place on June 12, suggesting the decision had already been made before it was accorded a hearing.

“The Respondent’s decision was predetermined, arbitrary, unreasonable, and procedurally unfair, the revocation letter being dated 9th June 2026 notwithstanding that the hearing of the Appellant took place on 12th June 2026,” read the court documents.

In granting the interim relief, the tribunal found that the appellant had established a prima facie case and demonstrated that it would suffer irreparable harm if the revocation remained in force.

The board ruled that the decision would ground the Sacco’s fleet, threaten the livelihoods of hundreds of drivers and support staff, and potentially lead to the company’s financial collapse.

The appeal will be mentioned on July 2, for further directions.

The dispute arose after NTSA revoked the Sacco’s operating licence on June 9, citing two fatal road accidents involving vehicles operating under Nicco Movers’ PSV licence.

The first accident occurred on January 11, when a bus registered as KDQ 655D was involved in a fatal crash along Thika Superhighway near Kenyatta University, killing a pedestrian.
The matter remains before the courts.

The second incident occurred on June 5, when a 33-seater bus, registration number KDV 713J, was involved in a fatal accident near Waumini Radio Station along Thika Superhighway after a 19 year old passenger allegedly fell from the moving vehicle and later died from the injuries sustained.

According to NTSA, the driver and conductor abandoned the vehicle and fled, and efforts to trace them have been unsuccessful.

The regulator also cited multiple compliance violations within the Sacco’s fleet, including speeding, failure to transmit speed limiter data, expired inspection certificates, missing speed limiters on some vehicles, and failure to facilitate the attendance of the driver and conductor involved in the fatal June incident.

In its appeal, Nicco Movers argues that the revocation violated its constitutional right to a fair hearing and the provisions of the Fair Administrative Action Act.

The Sacco further claims the revocation letter was defective because it was addressed to “Nicco Movers 1” instead of Nicco Movers Limited.

The company maintains that it fully cooperated with investigators by attending NTSA summons, providing driver and conductor details, submitting passenger manifests, and assisting police with investigations.

It also says it offered Sh100,000 to the deceased passenger’s family through its insurer as a gesture of sympathy.

Nicco Movers further argues that NTSA relied on matters that are still under active criminal investigations and have not been conclusively determined by any court.

The Sacco contends that revoking the operating licence of its entire fleet over two incidents was disproportionate and punitive, especially when alternative enforcement measures were available.

“The decision to revoke the Appellant’s operating license is drastic, unreasonable and punitive affecting a whole fleet of over 100 buses based on two isolated incidents that are still undergoing judicial processes,” said Omari.

According to the Sacco, the suspension of its operations has resulted in losses of approximately sh1 million per day while affecting hundreds of employees and thousands of commuters who rely on its services.

The company says it has presented all 53 of its operational vehicles for NTSA inspection, paid the required compliance fees, submitted a complete register of its drivers and conductors, and introduced additional safety measures.

These include enhanced speed governor monitoring, regular compliance audits, refresher road safety training for drivers, mental wellness sessions, improved customer complaint channels, and notices reminding passengers to alight only after buses have come to a complete stop.

In its ruling, the tribunal held that the Sacco had raised arguable issues regarding procedural fairness and the proportionality of the regulator’s decision.

It further found that denying interim relief would effectively render the appeal meaningless if Nicco Movers ultimately succeeds.

“A prima facie case has been established. On irreparability, the appellant has demonstrated that the revocation would lead to loss of livelihood for hundreds of drivers, members and support staff, grounding of vehicles, and potential financial collapse of the sacco. Such harm is difficult to quantify or reverse fully by damages, especially in a regulated sector,” ruled the tribunal.