The Lower Eastern Times Opening The Third Eye
Transport company Nicco Movers Limited has obtained interim court orders as it seeks permission to resume operations using vehicles that have been inspected and declared roadworthy by the National Transport and Safety Authority (NTSA).
The legal dispute follows the suspension of the company’s Public Service Vehicle (PSV) operator’s licence, with the firm challenging the decision and seeking a review of an earlier court ruling.
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Justice Janet Mulwa certified the application as urgent and directed that it be served on the respondents, who have been given seven days to file their responses.
The court also allowed Nicco Movers to submit further affidavits within seven days after receiving the responses. The matter will return to court on November 10, 2026, for directions on how the application will be handled.
Through lawyer Danstan Omari, the company is seeking a review and variation of a ruling delivered on October 21, 2026, which dismissed an earlier application filed on September 1, 2026.
Nicco Movers argues that the previous ruling failed to adequately consider evidence showing that it had attempted to comply with regulatory requirements. It cites vehicle inspection records bearing NTSA stamps and marked “PASS” following subsequent inspections.
The operator says the documents, including inspection records and receipts, were relevant in determining whether it had complied with directives issued by the Transport Licensing Appeals Board in its August 31, 2026, judgment in case number TLAB/E013/2026.
The company maintains that vehicles which have passed the required inspections should be considered separately from the broader dispute over its compliance with all regulatory requirements.
It is asking the court to reconsider the finding that there was no evidence of attempted compliance and to consider allowing approved vehicles to operate instead of maintaining a blanket suspension of its licence.
Under the proposed arrangement, only vehicles individually inspected and confirmed by NTSA to meet statutory requirements would be allowed back on the road.
The conditions would include valid insurance, appropriate PSV licensing, roadworthiness certification and compliance with the law by drivers and conductors.
Nicco Movers says vehicles that have not been verified, or those that fail to meet any applicable requirement, would remain grounded. The company has also offered to provide security, an undertaking or a guarantee if ordered by the court, as well as periodic compliance reports and continued regulatory oversight.
The operator argues that such measures would safeguard passengers while preserving its business as the substantive appeal proceeds.
The application also disputes aspects of the reasoning behind the suspension of its licence following the tribunal’s judgment.
Nicco Movers says it had addressed some of the concerns raised against it, while other outstanding matters required action by different organisations involved in the compliance process.
It has further challenged the recommendation to revoke its licence over allegations that it failed to produce drivers linked to fatal crashes.
According to the company, the Directorate of Criminal Investigations had not traced the drivers in question. It also argues that no evidence was presented before the tribunal or the court showing that the company was hiding the drivers or knew their whereabouts.
These claims form part of the operator’s arguments and have not been established as findings by the court.
The company has also cited Section 34(3) of the National Transport and Safety Authority Act, arguing that the law allows regulators, instead of suspending or revoking an operator’s licence, to remove specific vehicles from the licence or reduce the authorised fleet.
It says this provision supports a vehicle-specific approach that would allow compliant vehicles to operate while those that fail to meet the required standards remain off the road.
To demonstrate the financial impact of the suspension, Nicco Movers has submitted additional banking records showing transactions recorded between April 21 and October 21, 2026.
According to the application, the six-month statement reflects credits totalling KSh105,029,803 and debits of KSh105,131,867, translating to average monthly gross credits of approximately KSh17.5 million.
The company also points to a loan repayment of KSh2.5 million made on October 21, 2026, and a closing bank balance of KSh388,448.
Nicco Movers argues that the continued suspension threatens future revenue, employees’ livelihoods and its ability to meet financial obligations.
It says the additional financial records address concerns raised in the October 21 ruling regarding the need to provide details supporting its claim of substantial loss.
The operator maintains that the potential financial damage should be considered alongside public safety, arguing that allowing only verified vehicles to operate would offer a more proportionate solution.
The company says it filed the review application a day after the ruling it is challenging, demonstrating that it acted promptly. It also relies on the court’s earlier finding that its substantive appeal had been properly instituted.
Nicco Movers is asking the court to reconsider the earlier decision on the grounds of an alleged material oversight or other sufficient reasons. Alternatively, it wants fresh interim orders allowing vehicles that meet the required standards to resume operations.
The company insists it is not seeking to undermine concerns arising from fatal road crashes, but wants a targeted arrangement that protects passengers while allowing compliant vehicles to operate.
The respondents are expected to file their responses within seven days, with the matter scheduled for further directions before Justice Mulwa on November 10, 2026.
