Transport Licensing Appeals Board has suspended Nicco Movers’ PSV operator licence with immediate effect after finding serious safety and compliance failures across its fleet.
The decision comes after two fatal incidents involving Nicco Movers vehicles within six months and an inspection in which 45 of 51 vehicles failed to meet required safety standards.
The Tribunal has given the Sacco seven days to address 10 compliance concerns raised by the National Transport and Safety Authority (NTSA).
Tribunal Suspends Nicco Movers Licence
The Tribunal set aside NTSA’s June 9 decision to revoke Nicco Movers’ PSV operator license and replaced it with an immediate suspension.
The ruling means the Sacco cannot operate under the suspended licence while the safety and compliance issues are being addressed. The Tribunal found that NTSA had grounds to take regulatory action but determined that complete revocation of the licence was disproportionate at that stage.
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The Board noted that NTSA had other enforcement options, including grounding individual vehicles, retesting drivers, carrying out audits and suspending the operator’s licence.
Nicco Movers had earlier obtained interim relief from the Tribunal in June, allowing it to resume operations after NTSA revoked its licence following the death of KMTC student Eugene Mutivi Mutuku. At the time, the Tribunal required the Sacco to prepare and implement a safety compliance plan.
Nicco Movers Announces Temporary Suspension
In its public notice, Nicco Movers said its vehicle operations had been temporarily suspended while it continues to engage and cooperate with the relevant authorities regarding the June 5 incident.
The company referred to the incident as involving a passenger who had boarded one of its vehicles and subsequently fell. It did not provide further details on the circumstances surrounding the fall in the notice.
“Nicco Movers Limited remains committed to cooperating with the relevant authorities and respecting due process,” the company said in the statement.
The operator also acknowledged that the suspension could inconvenience passengers and business partners and apologised for the disruption.
Nicco Movers said it would communicate with the public through its official channels once there is a confirmed update concerning the resumption of services.
45 of 51 Vehicles Fail Safety Inspection
The condition of Nicco Movers’ vehicles influenced the decision. According to evidence presented before the Tribunal, NTSA inspected 51 vehicles belonging to the Sacco, with only six passing the inspection.
The remaining 45 vehicles failed on various safety and equipment requirements.
The defects identified included missing or faulty passenger seat belts, defective doors and window locks, faulty horns and lights, and damaged body panels. Some vehicles were also found without first-aid kits and fire extinguishers.
NTSA also presented evidence concerning speed compliance. Its records showed that 30 Nicco Movers vehicles had been recorded traveling above the prescribed 80-kilometer-per-hour speed limit.
A further 11 vehicles were not transmitting speed-limiter data, while one vehicle was operating without a speed limiter. Ten vehicles had no speed-limiter records, and three had expired inspection certificates.
The Tribunal found that the combination of vehicle inspection failures, speeding violations and speed-limiter problems pointed to broader fleet-management and safety concerns rather than an isolated incident.
Two Fatal Incidents Put Sacco Under Scrutiny
The Tribunal also considered two fatal incidents involving Nicco Movers vehicles within a six-month period.
A recent involved Eugene Mutivi Mutuku, a 19-year-old Kenya Medical Training College student who died on June 5 after falling from a moving Nicco Movers vehicle along Thika Superhighway near Waumini Radio Station.
During the proceedings, Eugene’s mother, Jacinta Nzilani Mutuku, told the Tribunal that her son had been pushed from the moving vehicle by a conductor. Nicco Movers presented a different account to NTSA, stating that the student had jumped from the vehicle.
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The Tribunal did not determine which account was correct, noting that the circumstances surrounding the death remained a matter for the criminal justice process.
The Board also cited an earlier fatal crash in January involving Nicco Movers vehicle KDQ 655D along Thika Superhighway near Kenyatta University and Kahawa Sukari, in which a pedestrian was killed.
The Tribunal rejected Nicco Movers’ argument that NTSA should wait for criminal investigations before taking regulatory action. It held that criminal proceedings and transport regulations serve different purposes, meaning the regulator can intervene to protect passengers and other road users without waiting for a criminal conviction.
Nicco Movers has seven days to address the 10 compliance concerns raised by NTSA. If the issues remain unresolved, NTSA may issue a fresh notice to show cause after 14 days, which could eventually result in another decision to revoke the operator’s licence.
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