Court allows 13 matatu Saccos to continue operating in petrol stations in Nairobi CBD
By Zipporah Ngwatu, December 2, 2025A Nairobi High Court has allowed 13 matatu Saccos led by Kinatwa, Transline Classic, K Prestige, and Makos, among others, to continue operating at the petrol stations within the Central Business District (CBD) until January 26, 2026.
The court’s directive issued on Monday, December 1, 2025, came after it had earlier ordered the Nairobi County government, the Energy and Petroleum Regulatory Authority (EPRA), and 13 matatu Saccos to temporarily deliberate on how they are going to operate within the Central Business District (CBD).
Appearing before Justice Chacha Mwita, the parties involved in the case informed the court that they agreed that the petitioners (13 matatu Saccos) will continue operating from current locations.
However, they noted that an agreement was reached for the Saccos to ensure that the entry and exit points of the petrol stations are left clear for easy operations and to ensure the safety of the passengers, especially now that we are heading into the festive season.
Judge Mwita directed the three parties to maintain order of operations within the said petrol stations and urged them to continue engaging to reach a resolution on the same before the next mention of the case.
“The parties (Nairobi County, EPRA and 13 Saccos) are granted more time to engage in discussions. Status quo as to operating from the said petrol stations to subsist and order to be maintained during the subsistence of the operations until the court issues further directions,” Judge Mwita directed.
The Saccos moved to court after they received a formal demand letter from EPRA and the Nairobi County Government on November 12, 2025, directing them to immediately cease all operations involving the picking up and dropping off of passengers at Total petrol stations in CBD.
In the application filed at the Constitution and Human Rights Division in Milimani on November 14, 2025, the Sacco sought the court declaration that the EPRA and Nairobi County directive was null and void.
“A declaration that the directives issued by the 1st and 2nd respondents (EPRA and Nairobi County), demanding the immediate cessation of the petitioners’ operations at Total petrol stations and OLA petrol stations in Nairobi CBD, are unconstitutional, null, and void,” part of the prayers sought read.
Further, they want the court to issue an order of certiorari to quash the directives issued by EPRA and Nairobi County requiring them to cease operations at Total petrol stations and OLA petrol stations in Nairobi CBD, terming them as unconstitutional, null, and void.
The Saccos also seek an order of permanent injunction directed to the two entities barring them from interfering with and demanding cessation of all operations relating to their public transport services.
Through their legal team led by lawyers Danstan Omari and Stanley Kinyanjui, the petitioners also want the court to order EPRA and the Nairobi County Government to compensate them for any losses they have incurred as a result of the unlawful directives.
In their application, the Saccos argue that the implementation of the said directives threatens to disrupt their business operations significantly, particularly as the festive season approaches, when demand for public transport services surges.
According to the EPRA and Nairobi County Government, their directive comes from a point of concern for public safety as the primary justification, alleging that such operations of picking and dropping passengers at petrol stations pose risks due to human traffic in proximity to petroleum facilities.
However, the petitioners argue that petrol stations across Nairobi, including those in other counties, host a variety of businesses that attract substantial human traffic, such as pharmacies, hotels, fast-food restaurants, and garage services.
The matter will be mentioned before Justice Lawrence Mugambi on January 26, 2026, for further directions.