The Transportation Licensing Appeals Tribunal has issued temporary injunctions blocking the NTSA's decision to revoke Nicco Movers Limited's license. This allows the company to continue working until the final appeal is considered.
Lawyer Dunstan Omari, representing the company, appealed to the tribunal with a request for immediate intervention. The statement stated that the cancellation of the license led to downtime of the fleet, destabilized transport links and threatens the incomes of hundreds of drivers and employees. The company also noted that investments of more than one billion Kenyan shillings belonging to more than 110 members of the cooperative (SACCO) were at risk. In the applicant's opinion, the responsibility for violations by individuals is unfairly assigned to bona fide vehicle owners.
NTSA representatives justified their ruling in court, emphasizing that public safety is more important than financial interests. The head of the agency, George Njao, informed the arbitration that the agency used its powers only after attempts to ensure compliance with road safety standards were unsuccessful. «The law obliges us to protect citizens and ensure the safe functioning of the transport system», explained Njao. «Revoking the permit became a last resort after exhausting all administrative methods».
According to the agency, the carrier company concealed incidents that should have been recorded, did not provide information about drivers responsible for fatal accidents, and ignored technical standards. The agency also noted that cases of speeding on 51 vehicles reduced the discipline of the carrier below the acceptable level.
During the hearing, the judges, led by Dr. Adrian Kamoto, expressed doubt about the fairness of revoking the license of the entire company, as it affects shareholders and owners of equipment that did not violate the rules. The arbitration noted that if some cars did violate traffic regulations, then others were probably ready for inspections and compliance with standards. The possibility of achieving a similar effect with milder sanctions was also suggested.
Dunstan Omari called the license cancellation a «death sentence» for investors and appealed to the court to allow the company to continue operating in compliance with NTSA requirements pending a decision on appeal. The lawyer questioned the legality of the license revocation, pointing out discrepancies in the dates of the documents justifying the measures and the decision to revoke the license, which raised concerns about compliance with procedural rules.
The Tribunal, issuing interim orders, noted that the complaint concerns controversial issues, including allegations of procedural unfairness, denial of the right to a fair trial, and the proportionality of sanctions to alleged violations. A further hearing is scheduled for a date to be determined by the arbitration body in order to receive additional instructions on the appeal procedure.
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