Super Metro files appeal challenging NTSA ban on its operating licence

Super Metro Ltd matatu sacco has filed an appeal with the Transport Licensing Appeals Board in Nairobi, challenging NTSA’s decision to suspend it, terming the move arbitrary and unjust.

The sacco argues that it has invested heavily in aligning its operations with regulatory requirements and claims that NTSA’s suspension will cripple its operations and harm thousands of livelihoods.

In its appeal, the sacco asserts that the suspension is based on conjecture and insufficiently investigated facts.

The company’s officials emphasize that the reported infractions involve only a few vehicles, which the sacco argues does not warrant condemning the entire fleet.

The sacco wants NTSA’s decision dated February 18, 2025 declared capricious, unreasonable, and contrary to principles of justice. They allege the action is malicious and call for the immediate revocation of the suspension.

NTSA suspended the sacco’s operating licence over what it termed as multiple violations of Public Service Vehicle (PSV) regulations.

According to the authority, "the decision was necessitated by the need to ensure the company is not only compliant, but has also implemented safety measures to protect the lives of its passengers and other road users."

The State agency stated that a thorough examination of the company's operations revealed numerous instances of non-compliance, including vehicle inspection and licensing failures, speed limiter violations, unqualified drivers, and labor law violations. 

NTSA noted that 15 of the company's 523 vehicles had expired inspection certificates, while eight had expired Road Service Licences. 

Additionally, 294 vehicles were flagged for various speed limiter infractions, such as expired certificates, a lack of proper speed limiter records, and instances of vehicles exceeding the 80 km/h limit.

Super Metro however dismissed the grounds cited by NTSA, labelling them outdated and unfounded.

On the issue of unqualified drivers, Super Metro clarified that the 64 drivers who allegedly failed retests on March 10, 2025, had already completed the required retraining and retesting three weeks prior, as per regulations.

The company emphasized that all affected drivers have since been recertified and are now fully qualified to operate their vehicles.

“NTSA claims that out of 294 vehicles, five had expired inspection certificates, fifteen had expired Road Service Licenses (RSL), and several vehicles had issues with speed limiters. We confirm that all inspection certificates and Road Service Licenses for the mentioned vehicles were renewed prior to the suspension,” said Super Metro in a statement.

“Additionally, upon identifying issues with speed limiters, we promptly reached out to our vendors, who rectified the problem across all affected vehicles. These corrective actions were completed well before the suspension, ensuring full compliance with NTSA standards.”