Transport operator Nicco Movers Limited has secured interim court orders in its attempt to resume operations using vehicles individually verified as roadworthy, as its legal battle against the suspension of its Public Service Vehicle (PSV) operator’s licence continues. Justice Janet Mulwa certified the application as urgent and directed that it be served on the respondents, who have been given seven days to file their responses.
The court further allowed Nicco Movers seven days to submit any additional affidavits after receiving the responses. The matter is scheduled to return to court on November 10, 2026, for directions on how the application will proceed. The application seeks limited interim relief against the implementation of a decision by the Transport Licensing Appeals Board to suspend the company’s PSV licence.
Nicco Movers Seeks Review of Previous Court Ruling
Through its lawyer, Danstan Omari, Nicco Movers is asking the court to review and vary a ruling delivered on October 21, 2026, which dismissed an earlier application filed on September 1, 2026. The operator argues that the previous decision failed to adequately consider evidence showing that it had attempted to comply with regulatory requirements, including vehicle inspection records bearing National Transport and Safety Authority (NTSA) stamps and results marked “PASS” after second inspections.
According to the company, the documents were relevant in determining whether it had taken the necessary steps to address directives issued by the Transport Licensing Appeals Board in its August 31, 2026, judgment in case number TLAB/E013/2026. Nicco Movers maintains that evidence of vehicles passing inspection should have been considered separately from the wider questions surrounding its compliance with all regulatory requirements. The operator is now asking the court to reconsider its finding that there was insufficient evidence of attempted compliance and to consider a more targeted measure instead of suspending its entire licence.
Operator Proposes Vehicle-by-Vehicle Resumption
At the centre of the application is a proposal to allow only vehicles that have been individually inspected and confirmed by NTSA to meet the required standards to return to service. Under the proposed arrangement, vehicles would have to meet all applicable requirements, including valid insurance, PSV licensing and roadworthiness certification. Drivers and conductors would also be required to satisfy the relevant legal requirements. The company says vehicles that have not been verified or fail to meet the prescribed standards would remain off the road.
Nicco Movers has also indicated its willingness to provide security, an undertaking or a guarantee as directed by the court. It has further proposed submitting periodic compliance reports while remaining subject to regulatory oversight. The operator argues that these conditions would help protect passengers while allowing compliant vehicles to operate as the substantive appeal is considered.
Company Challenges Grounds for Licence Suspension
Nicco Movers is also disputing aspects of the reasoning behind the suspension of its licence following the tribunal’s judgment. The operator argues that it had addressed some of the concerns raised against it, while other outstanding matters required action by different organisations involved in the compliance process. It has also challenged the recommendation to revoke its licence over allegations that it failed to produce drivers linked to fatal crashes.
According to the application, the Directorate of Criminal Investigations had not traced the drivers in question. The company further argues that no evidence was presented before the tribunal or the court to establish that it had concealed the drivers or knew their whereabouts. These remain claims advanced by Nicco Movers in its application and have not been established as findings of the court.
The operator has also cited Section 34(3) of the National Transport and Safety Authority Act, arguing that the law provides for alternatives to suspending or revoking a carrier’s licence, including removing specified vehicles from the licence or reducing the number of authorised vehicles. It contends that this provision supports considering measures targeting individual vehicles rather than imposing a blanket suspension on the entire fleet.
Nicco Movers Presents Financial Records to Support Its Case
The company has submitted additional financial records to support its argument that the continued suspension of operations would result in substantial losses. According to the application, a bank statement covering April 21 to October 21, 2026, shows credits totalling KSh105,029,803 and debits of KSh105,131,867. The figures translate to average monthly gross credits of approximately KSh17.5 million over the six-month period.
The operator also points to a loan repayment of KSh2.5 million made on October 21, 2026, and a closing bank balance of KSh388,448. Nicco Movers argues that the continued shutdown threatens future revenue, employees’ livelihoods and its ability to meet existing financial obligations.
It maintains that the additional documents address concerns raised in the October 21 ruling regarding the need to provide specific evidence of substantial loss and its projected financial exposure. The company further argues that the financial consequences should be considered alongside the public interest in ensuring that only vehicles meeting the required safety standards are allowed to operate.
Operator Says It Filed Review Application Promptly
Nicco Movers says it filed the review application a day after the ruling it is challenging, arguing that it acted without undue delay. It has also relied on the court’s earlier finding that its substantive appeal had been properly instituted. The operator is seeking a review of the previous decision on grounds of an alleged material oversight and other sufficient reasons. Alternatively, it wants the court to issue fresh interim orders limited to vehicles whose compliance has been verified.
The company maintains that it is not seeking to undermine public safety concerns arising from fatal crashes, but wants a proportionate arrangement that safeguards passengers while allowing eligible vehicles to resume operations. The respondents have seven days to respond to the application before the matter returns to court. Justice Mulwa is expected to give directions on November 10, 2026, on the next steps in the case. The court’s eventual determination will shape the next stage of Nicco Movers’ attempt to challenge the licence suspension, with road safety and regulatory compliance remaining central to the dispute.
