The High Court has issued orders directing the In charge, National Police Traffic and NTSA Director General to return to all registration number plates removed from Nganya matatus.
Justice Bahati Mwamuye also ordered the release of all impounded nganyas unless the same are otherwise lawfully held pursuant to a court order issued by a court of competent jurisdiction.
“Pending the inter partes hearing and determination of the application dated 28/01/2025, a conservatory order be and is hereby issued directing the respondents and the interested party, jointly and severally, and whether directly or through their principals, employees, servants, agencies, or related bodies to return to the petitioners all registration number plates belonging to the petitioner’s motor vehicles and to also release all motor vehicles impounded by them unless the same are otherwise lawfully held pursuant to a court order issued by a court of competent jurisdiction,” the judge ruled.
The petitioners are Matatu Owners and Operators, plying the routes of Embakasi, Kiambu Road, Ongata-Rongai, and often times Thika Road, all the way to Juja, who are counting excessive loses as a result of their stalled Matatus, the source of their livelihood.
Through lawyer Danstan Omari and Shadrack Wambui, the court heard that from 21st January 2025, the operators have been subjected to excessive, inordinate, unwarranted, and unjustified crack-downs resulting in frantic National Transport and Safety Authority (NTSA)searches, which end up in the apprehension of the Matatus they operate.
“As a result of the ambush crack-downs, the petitioners have resorted to letting their vehicles gather dust in their backyards as opposed them wearing out in police station backyards as a result of the punitive and discriminative inspection measures they are subjected to, which find err in even the newest of such vehicles,” Omari said.
According to court documents, the frantic measures by the petitioners to fundraise and bail out their vehicles have always fallen on deaf ears of the authorities, despite the vehicles having operated on the same roads for ages, conveniently unnoticed during such previous crack-downs.
“Unless this matter is disposed of and determined on a priority basis, the petitioners stand to suffer immense financial and material loss as they are neither putting their vehicles to use nor getting the returns to service the loans which most of the vehicles in question are bought on,” he added.
According to an affidavit by Lucy Wanjiku Mwangi, Nganya Association Chairperson, their matatus have always abided by the law and fines paid where necessary.
“Following the 21st of January 2025 crack-down, directions like getting rid of mild tints, graffiti, screens mounted in the vehicles, side-steps to aid passengers board the matatus as well as bumpers be gotten rid of, which directions we had not been given prior to the impounding of our vehicles,” Mwangi said.
The court heard that other inspections from NTSA have been detailed to show that the nature in which the Nganyas operated with the alluded to fixtures before 21st January 2025, are faulty, and thus they end up failing the inspection test
The case will be mentioned on 25th February 2025 before Justice Lawrence N. Mugambi.