Nicco Movers Sacco has secured a major reprieve after the Transport Licensing Appeals Board suspended the National Transport and Safety Authority’s (NTSA) decision revoking its Public Service Vehicle (PSV) operator licence, paving the way for the sacco to resume operations.
The sacco, represented by lawyer Danstan Omari, had challenged NTSA’s decision to revoke its licence, arguing that the move was unfair and would cause significant disruption to the livelihoods of its members, drivers and support staff. NTSA opposed the application through its counsel, Mary Kihamba.
In a ruling delivered on Wednesday, the tribunal suspended the implementation and enforcement of NTSA’s revocation notice dated June 9, 2026, pending the hearing and determination of the appeal.
“The implementation, enforcement and/or execution of the respondent’s decision contained in the letter dated 9 June 2026 revoking the appellant’s PSV operator licence is hereby suspended pending the hearing and determination of this appeal or until further orders,” the tribunal ruled.
The board also granted Nicco Movers permission to return its fleet to the road, subject to strict compliance measures aimed at enhancing passenger safety.
Among the conditions imposed, the sacco must prepare and file a safety compliance plan within seven days.
“The appellant is hereby permitted to resume operations of its fleet subject to the implementation of a safety compliance plan which shall be filed within seven days,” the tribunal directed.
NTSA had defended its decision by citing road safety concerns, regulatory non-compliance and alleged fleet management shortcomings. The authority maintained that the revocation was necessary to protect passengers and other road users.
However, the tribunal found that the appeal raised several arguable issues, including allegations of procedural unfairness, denial of a fair hearing, disproportionality of the sanction imposed and possible failure by NTSA to consider mitigating circumstances before revoking the licence.
“While the tribunal does not make definitive findings at this stage, these grounds disclose triable issues. A prima facie case has been established,” the board stated.
The tribunal further observed that the sacco had demonstrated that continued enforcement of the revocation could cause substantial harm, including loss of income for hundreds of drivers and employees, grounding of vehicles and possible financial collapse.
“Such harm is difficult to quantify or reverse fully by damages, especially in a regulated sector,” the ruling stated. This backed up Lawyer Omari’s submissions earlier on the proceedings that the impact extended beyond investors to the broader economy.
“The ripple effect to employment, to tax revenue to the government, and the spiral effect of crime are realities out of this decision,” he told the tribunal.
Even as it granted the orders, the board emphasized that road safety remains a key public interest consideration.
“Road safety is a paramount public interest concern generally under the NTSA Act. Unfettered assumption of operations which could endanger passengers and other road users cannot be countenanced,” the tribunal noted.
The tribunal subsequently scheduled the matter for mention on July 2, 2026. Omari indicated that the date was convenient for the sacco, while Mary Kihamba told the tribunal that NTSA would abide by the directions to be issued on the next appearance.
Following the ruling, advocate Danstan Omari informed the tribunal that he would seek instructions from his client on the mode of proceeding with the substantive appeal.
The ruling marks a significant victory for Nicco Movers Sacco and its legal team led by Danstan Omari, as the sacco returns to the road while awaiting the full hearing of its challenge against NTSA’s decision.
