This archive report was first published on 16 July 2020.
On July 16, 2020, the High Court dealt a significant blow to the National Transport and Safety Authority (NTSA) when it ruled that the authority's plan to phase out 14-seater matatus in major towns was illegal.
The ruling was made by Justice Weldon Korir, who cited the lack of public participation in NTSA's plan as a key factor in his decision.
According to reports, NTSA had begun phasing out matatus in January 2019 as part of an effort to ease congestion and disorder in major urban areas.
However, the Association of Matatu operators objected to the directive, arguing that the authority had not notified operators of the plan, leading to significant losses in revenue.
"The government and NTSA did not notify us about the phasing out of the 14-seater capacity matatus, no official communication was done hence creating more tension in the industry, we are business people like any others in the country why shouldn’t the relevant authorities consult and plan in a manner that we are not frustrated," the association lamented at the time.
The association later moved to court, accusing NTSA of discrimination in implementing the High Court order.
At the time, economic data indicated that there were over 37,000 14-seater matatus on Kenyan roads.
Despite the ruling, NTSA had already started carrying out the exercise by stopping the licensing of 14-seater matatus, with only 24 out of nearly 200 saccos operating the matatus at the time having their operating permits renewed after obtaining temporary court orders.
Justice Korir's ruling was a significant setback for NTSA, which had been pushing to phase out 14-seater matatus in an effort to improve road safety.
According to NTSA data, a total of 1,022 people lost their lives in the first quarter of 2020, compared to 1,058 who died in 2019.
