The High Court has extended interim orders protecting Nicco Movers Limited from the enforcement of regulatory action against its PSV operator’s licence pending the issuance of the court’s ruling on the appellant’s application and preliminary objections filed by both the respondent and the interested party.
The matter, NICCO Movers Limited v National Transport and Safety Authority and Jacinta Nzilani Mutuku, came before the court for hearing of Nicco Movers’ application dated September 1, 2026. Nicco Movers’ lawyer, Martina Swiga, asked the court for more time to respond to preliminary objections filed by the respondents and interested party, saying the objections and submissions had only been served on the appellant.
Swiga also urged the court to extend the interim orders that had been issued earlier, pending determination of the application. A dispute arose over whether Nicco Movers had properly filed and served its memorandum of appeal. While the appellant maintained that the memorandum had been filed on September 1 and served alongside the application, other parties told the court they had only received a draft memorandum attached to the supporting affidavit.
The court subsequently confirmed that the document available on the Court Tracking System was a draft memorandum of appeal. The court also identified two preliminary objections filed by the parties and directed that the objections be heard together with Nicco Movers’ application through written submissions. Nicco Movers was granted 14 days to file its submissions, while the other parties were given seven days to file supplementary submissions after being served.
The parties will return to court on October 13, 2026, to highlight their submissions, after which the court will give directions on the ruling date. The judge also extended the interim orders until October 13, or until delivery of the rulings on the application and the appeal.
The dispute follows regulatory action against Nicco Movers’ PSV operator’s licence after the Transport Licensing Appeals Board suspended the licence over safety and compliance concerns. The company subsequently moved to the High Court throuh their Lawyers Danstan Omari and Martina Swiga to challenge the decision.
