High Court Stops EPRA From Evicting Matatus Operating in Nairobi Petrol Stations
The petitioners also questioned whether EPRA had consulted meaningfully with the affected SACCOs before issuing the directive.
Matatus at a terminal in Nairobi in August 18, 2024. Photo/Courtesy.
By Ruth Sang
Matatu operators in Nairobi have secured temporary relief after the High Court stopped the Energy and Petroleum Regulatory Authority from ordering an eviction against public service vehicles using various petrol stations as operational bases. The ruling allowed 13 matatu SACCOs to continue operating from the affected fuel stations until the case is fully heard and resolved.
The directive followed a petition filed by the SACCOs, who challenged EPRA’s decision to eject them from various petrol stations across the capital. The operators said that the eviction notice issued jointly by EPRA and the Nairobi County Government was abrupt, unfair, and disregarded the realities of the public transport system in the city.
In their arguments, the Sacco’s lawyers emphasized that carrying out the eviction would grossly paralyze the transport sector. They added that a lack of matatus at the petrol station termini would cause chaos in an already over-stretched urban transport network and inconvenience many thousands of daily commuters who depend on those points to board and alight.
According to the petitioners, many of these petrol stations currently serve as long-established pick-up and drop-off areas, and sudden evictions would cause destabilization in operations for transport operators and passengers alike. The SACCOs further argued livelihoods will be affected because hundreds of drivers, conductors, stage marshals, and small-scale traders depend on these stations for income.
The High Court agreed that the matter raises substantial issues warranting a full hearing. It thus issued interim orders prohibiting EPRA from evicting them pending the determination of the dispute. The judge noted that the interim orders were meant to ensure that no irreparable harm is caused before the court expedites the examination of whether EPRA acted within the law in issuing the notices.
The petitioners also questioned whether EPRA had consulted meaningfully with the affected SACCOs before issuing the directive. They maintained that the authority’s move could be seen as punitive, especially since many of the affected stations have historically hosted matatus without objection from regulators.
The Nairobi County Government, which jointly issued the eviction orders, is expected to respond to issues raised in the petition. County officials have in the past argued that matatus operating from petrol stations pose safety risks and affect the flow of fuel-related activities at the stations. However, the SACCOs insist that past assessments have never shown their presence to violate safety guidelines.
The temporary court order will ensure that for the time being, activities at the various termini of the petrol station proceed as normal. The case might attract attention because it touches on broader issues surrounding urban planning, transport regulation, and the rights of matatu operators within Nairobi’s evolving transport landscape. The court will then set dates for the full hearing, after which a final decision will be made on whether EPRA’s eviction notice stands or is permanently quashed.
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