The Transport Licencing Appeals Board Tribunal has reinstated the operating license for Nicco Movers Limited after suspension by the National Transport and Safety Authority over the death of KMTC student.
However, the tribunal clarified that the Sacco will be permitted to resume operations of its fleet by implementing a safety compliance plan, which shall be filed within seven days.
The tribunal further warned that in the event of any breach of these conditions, the NTSA may apply for vacation of these orders on an urgent basis.
“The implementation, enforcement and/or execution of the respondent’s decision contained in the letter dated 9th june 2026 revoking the appellant PSV operating license is hereby suspended pending the hearing and determination of the case,” the tribunal ruled.
The Kenya Medical Training College student, Eugene Mutuku died after he was allegedly thrown out of the moving bus on 4th June 2026 along the Thika Super Highway after a fare dispute.
Nicco filed an appeal at the tribunal arguing that their constitutional right to fair administrative action and fair hearing had been violated by NTSA.
Through lawyer Danstan Omari, the operator claims that the revocation letter is dated 9th June 2026 notwithstanding that they were substantively heard on 12th June 2026, thereby raising substantial issues regarding procedural fairness and predetermination.
Phenius Gitau, Nicco’s Chief Executive Officer said in his affidavit that the decision to revoke the license had already been made before the appellant was heard.
The driver and conductor of the said bus have since gone into hiding with efforts by the investigators proving futile so far.
However, two sacco managers have so far be arrested and charged with being accessories to a felony and concealing evidence.
The tribunal Chairperson Hillary Kangogo Songoyo, members Benson Gichohi Ngure and Jackline Millicent Omiti, ruled that the Sacco had demonstrated that it had an arguable case.
According to the tribunal, the applicant raised arguable grounds on the main appeal including manifest errors on the face of the revocation letter, allegations of procedural unfairness, lack of fair hearing and disproportionality of the revocation over lesser sanctions.
The case will be mentioned on 2nd July 2026 for further directions.