Court issues new directives in case between EPRA, Nairobi County and 13 matatu saccos
A Nairobi High Court has directed 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).
The 13 saccos led by Kinatwa, Transline Classic, K Prestige, and Makos, among others, moved to court seeking orders blocking EPRA and the County Government of Nairobi from ejecting them from the petrol stations they operate from within Nairobi CBD.
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Justice Chacha Mwita, on Wednesday, November 19, 2025, urged all the parties in the matter, through their lawyers, to have a meeting and get a solution for each party’s concern over the issues raised in the matter.
“Counsels for the parties do hold a meeting to address each side’s concerns on how to amicably solve the immediate issue of operations of businesses at the petrol stations to report on December 1, 2025,” Judge Mwita directed.
Further, Judge Mwita noted that the matter is now in court, warning EPRA and Nairobi County from taking any action against the 13 Saccos that pick up and drop off passengers from CBD petrol stations.
“Any action being taken, you should bear in mind there is direction number five that counsels for the parties to resolve the immediate issue of operative business by petitioners (13 Saccos) in this matter at petrol stations. “I do not expect any one of you to jump the guard and take any action,” Justice Mwita directed.
According to the Saccos petition, on November 12, 2025, they received a formal demand letter from EPRA and the Nairobi County Government 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.
In addition, they state that the disruption will adversely affect thousands of commuters who rely on their services for affordable and accessible transportation within Nairobi.
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.
They also aver that no similar directives have been issued against these operations, nor have any been extended to matatu operators in other counties.
“Since the commencement of the Petitioners’ (Sacco’s) operations at the said locations, there has been no recorded incident that has endangered any member of the public, passengers, or staff associated with the Petitioners (Sacco’s),” they state in their application.
