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Kinatwa, ENA lead 12 Matatu Saccos to oppose bid to be ejected from CBD
28th October, 2025 05:41 PM
12 Matatu Saccos, which have stages for picking up and dropping off passengers within Nairobi Central Business District (CBD), specifically at Ola Energy (Afya Centre) and Total Energies (Rhino) located near OTC petrol stations, are vehemently opposing their removal from the CBD.
This comes after Ezekiel Oyugi and John Karuru filed a petition at the Constitution and Human Rights Division in Milimani, seeking to have them move from the stated areas, claiming that the said Saccos put passengers in danger.
The petitioners assert that there is a tragedy looming due to overcrowding of passengers and hawkers travelling to various destinations, stating that a spark from one cigarette can set off an explosion at the petrol station.
However, the 12 Saccos led by Kinatwa, ENA, K Prestige, and Makos, among others, through a replying affidavit, have refuted the allegations by the petitioners, arguing that no incident has ever been reported since the Saccos took up picking and dropping points within petrol stations.
According to the Saccos, the picking up and dropping points in the subject petrol stations are organised activities that do not pose a danger to anyone, terming the petitioners as people engaged in a political witch-hunt meant to embarrass the local administration of Nairobi County and frustrate the National Government at large.
“That it is our position that the petition is brought before this Court in bad faith, and the petitioners are not public-spirited Kenyans, nor are they concerned really, as they purport to be,” part of the Saccos affidavit read.
“That the Saccos who operate within the concerned terminuses have done so for more decades without any incident stemming from any fuel or LPG-related hazards,” part of the Saccos affidavit read.
Through their legal team led by Danstan Omari, they further argue that if the services of the saccos are halted for whatever reason, the shutdown would directly impact 3,485 staff members across the 12 saccos, resulting in unemployment within the transport industry.
They state that the cessation of their operations would necessitate operational reductions, staff redundancies, and business contractions among fuel distributors, repair facilities, and tyre vendors, particularly in key transport corridors.
In addition, they state that the Nairobi County Government and other counties will also get losses from the loss of county crossing licences if the termini are closed, adding that the collective annual loss to county governments is estimated at Ksh291,602,250.
“That this total reflects impacts across multiple counties based on the Saccos’ routes (e.g., Nairobi, Nakuru, Kitui, and Makueni). With an estimated 10-15 unique counties involved, the per-county loss would range from approximately Ksh19,440,150 to Ksh29,160,225, potentially constraining local services such as infrastructure maintenance and regulatory oversight,” part of the affidavit read.
“That under this ambit, the government would forfeit approximately Ksh2,862,184,000 in annual fuel tax revenue, representing 40% of diesel costs per litre. This is calculated from the Saccos’ total yearly fuel outlay of Ksh7,155,460,000 (based on daily expenditures across 1,241 vehicles, annualised), with the specified taxes comprising the 40% share,” the Saccos argue in their affidavit.
They also reveal that there will be an impact on lost income to service providers who sell tyres, perform service on vehicles, and sell fuel.
“The service providers in the automotive and petroleum sectors would experience an annual income decline of approximately Ksh7,870,220,000 due to the cessation of vehicle-related expenditures. This calculation approximates 1,117 Nissans and 124 buses,” they add in their affidavit.
Justice Lawrence Mugambi has directed the petition be physically served upon the respondents within seven days and a return of service be filed. Responses must be filed and served within 14 days from the date of service.
The matter will be mentioned on January 26, 2026, for further directions.
