This archive report was first published on 18 July 2020.
On July 16, 2020, the High Court in Kenya dealt a significant blow to the government's plan to phase out 14-seater public service vehicles.
Justice Weldon Korir ruled that the decision was illegal and unconstitutional, citing the lack of public participation in the process.
The National Transport and Safety Authority (NTSA) had announced through Legal Notice No. 179 of 2014 that it would not license any new matatus with a capacity of less than twenty-five passengers.
However, the court found that the notice was not submitted to Parliament for approval, rendering it null and void within seven days of publication.
According to the court, 'it was incumbent upon the makers of the regulations to demonstrate that the public was involved in the enactment of the regulations.' The court further ruled that 'Regulation 4 of Legal Notice No. 179 of 2014 did not comply with this particular constitutional requirement for the enactment of legislation.'
The decision to abolish low-capacity PSVs was challenged by several matatu Saccos based in Nairobi.
