Kenyan Court Blocks Government's Plan to Abolish 14-Seater Matatus

The High Court has blocked the government’s plan to phase out 14-seater public service vehicles (PSVs).

High Court Justice Weldon Korir on Thursday ruled that the decision is illegal and unconstitutional as there was no public participation.

The National Transport and Safety Authority (NTSA) had through Legal Notice No. 179 of 2014, announced it would not license any new matatus with a capacity of less than twenty-five passengers.

The court further ruled that the notice was not submitted to Parliament for approval, rendering it null and void within seven days of publication.

“It was incumbent upon the makers of the regulations to demonstrate that the public was involved in the enactment of the regulations. The respondents have failed to prove that there was public participation in the enactment of the impugned regulation,” ruled the court.

“The Court, therefore, finds that Regulation 4 of Legal Notice No. 179 of 2014 did not comply with this particular constitutional requirement for the enactment of legislation.”

The decision to abolish low-capacity PSVs was challenged by several matatu Saccos based in Nairobi.