Tribunal suspends NTSA licence revocation, allows Nicco Movers back on the road

In a ruling delivered on Thursday, the tribunal stayed the enforcement of NTSA's June 9, 2026, decision, which had revoked the company's PSV operator licence over alleged safety lapses, fleet management failures, and regulatory non-compliance.

Nicco Movers, represented by advocate Danstan Omari, moved to the tribunal seeking urgent intervention, arguing that the revocation had grounded its fleet, disrupted transport services, and threatened the livelihoods of hundreds of drivers, employees, and support staff.

The company further argued that the decision jeopardised investments worth more than Ksh.1 billion belonging to over 110 investors associated with the SACCO, contending that compliant vehicle owners were being punished for the actions of a few operators.

NTSA defended its decision before the tribunal, maintaining that public safety must take precedence over economic considerations. NTSA Director General George Njao told the tribunal that the authority acted within its statutory mandate after repeated efforts to secure compliance with road safety regulations failed.

"We have a responsibility under the law to ensure public and road safety. Revocation was only undertaken after efforts to resolve the issues administratively proved unsuccessful," Njao submitted.

According to NTSA, the operator failed to report mandatory safety incidents, could not account for drivers involved in fatal crashes, and repeatedly breached operational requirements. The authority also stated that 51 vehicles within the fleet had been flagged for speeding violations, placing the operator below the minimum compliance threshold required for licensing.

During the proceedings, the tribunal, chaired by Dr Adrian Kamotho, questioned whether revoking the entire operator's licence unfairly penalised innocent investors and vehicle owners who had complied with regulatory requirements.

The tribunal observed that while some vehicles had been implicated in serious traffic offences, others appeared willing to comply with inspections and regulatory directives. It further questioned whether less severe enforcement measures could have achieved the same regulatory objective.

Danstan Omari argued that the revocation amounted to a "death sentence" for investors and urged the tribunal to allow the company to continue operating under strict compliance conditions to be set by NTSA pending the determination of the appeal.

The lawyer also challenged the legality of the revocation process, citing alleged inconsistencies in dates contained in the show-cause notices and the revocation letter, raising concerns about procedural fairness.

In granting the interim orders, the tribunal found that the appeal raised arguable issues, including allegations of procedural unfairness, denial of a fair hearing, and whether the sanction imposed was proportionate to the alleged violations.

The matter will be mentioned on a date to be set by the tribunal for further directions on the hearing of the appeal.