The Transport Licensing Appeals Board has suspended the Public Service Vehicle (PSV) operator licence of Nicco Movers with immediate effect, giving the company seven days to address a raft of safety and compliance concerns raised by the National Transport and Safety Authority (NTSA). The Tribunal overturned NTSA’s earlier decision to revoke the company’s operating licence, replacing it with an immediate suspension. The decision followed investigations into the company’s safety record and an inspection of its fleet, which revealed significant compliance failures.
45 Nicco Movers Vehicles Fail Safety Inspection
According to evidence presented before the Tribunal, 45 of the 51 Nicco Movers vehicles subjected to inspection failed to meet the required safety standards. Only six vehicles passed the inspection. The defects identified included missing or faulty passenger seat belts, defective doors and window locks, malfunctioning horns and lights, and damaged bodywork.
Some of the vehicles were also found operating without essential safety equipment, including first-aid kits and fire extinguishers. The Tribunal considered the inspection results alongside other safety violations involving the company’s fleet.
Two Fatal Incidents Raise Safety Concerns
The suspension comes amid increased scrutiny of Nicco Movers following two fatal incidents involving its vehicles within a period of six months. The most recent incident involved Kenya Medical Training College student Eugene Mutivi Mutuku, who died on June 5 after falling from a moving Nicco Movers vehicle along Thika Superhighway near Waumini Radio Station. During the proceedings, Eugene’s mother, Jacinta Nzilani Mutuku, told the Tribunal that her son had been pushed from the moving vehicle by a conductor.
Nicco Movers disputed the account, informing NTSA that the student had jumped from the vehicle. The Tribunal declined to determine which account was accurate, noting that establishing the circumstances surrounding the death was a matter for the criminal justice system.
The Board also noted that Eugene’s death was the second fatal incident linked to a Nicco Movers vehicle within six months. In January, vehicle KDQ 655D was involved in a crash along Thika Superhighway near Kenyatta University and Kahawa Sukari, resulting in the death of a pedestrian.
Speeding and Speed Limiter Violations
NTSA also presented records showing several other compliance breaches involving the company’s fleet. According to the regulator, 30 Nicco Movers vehicles had been recorded travelling above the legally prescribed speed limit of 80 kilometres per hour.
Another 11 vehicles were not transmitting speed-limiter data, while one vehicle was found operating without a speed limiter. A further 10 vehicles had no available speed-limiter records, while three vehicles were operating with expired inspection certificates.
The Tribunal said the combined evidence went beyond what could be described as an isolated incident, pointing to a pattern involving fatalities, speeding violations, speed-limiter failures and widespread inspection deficiencies.
Tribunal Rejects Complete Licence Revocation
Despite the seriousness of the violations, the Tribunal found that NTSA had gone too far by revoking Nicco Movers’ entire operating licence. The Board said the regulator had several alternative enforcement measures available, including grounding individual vehicles, subjecting drivers to fresh tests, carrying out further audits and suspending the operator’s licence. The Tribunal therefore set aside NTSA’s revocation decision and instead ordered the immediate suspension of the PSV operator licence.
Nicco Movers Given Seven Days to Comply
Nicco Movers has been given seven days to address the ten compliance issues identified by NTSA. Failure to comply could trigger further regulatory action.
According to the Tribunal’s order, NTSA may issue the company with a fresh notice to show cause after 14 days if the outstanding concerns remain unresolved. The regulator could ultimately move to revoke the company’s PSV operator licence. The decision gives Nicco Movers an opportunity to rectify the identified safety shortcomings while keeping the possibility of stronger sanctions open if the company fails to comply.
Criminal Investigations Separate From Regulation
The Tribunal also dismissed Nicco Movers’ argument that NTSA should have waited for criminal investigations into Eugene Mutuku’s death to be completed before taking regulatory action. The Board maintained that criminal proceedings and transport regulation have separate purposes.
It held that NTSA has an independent responsibility to safeguard passengers and other road users and does not have to wait for a criminal conviction before taking administrative measures against an operator whose safety compliance is in question. The suspension now places Nicco Movers under pressure to address the identified deficiencies and demonstrate compliance with transport safety requirements within the stipulated timelines.
