Tribunal suspends Nicco Movers Sacco licence

Nicco Movers has suffered a major setback after a tribunal has suspended its PSV operator licence following two fatal accidents and widespread safety breaches across its fleet.

In a judgement rendered by the Transport Licensing Appeals Board Tribunal led by Hillary Kangogo, Adrian Kamotho, Benson Gichohi and Jackline Omiti has also overturned the National Transport and Safety Authority’s decision to revoke the operator’s licence but substituted it with an immediate suspension.

The four member Tribunal said the operator had failed to demonstrate adequate compliance with road safety requirements after two fatal incidents involving vehicles operating under its licence.

The first accident occurred on January 11, 2026, when a Nicco Movers vehicle, registration number KDQ 655D, was involved in a crash along Thika Superhighway near Kenyatta University/Kahawa Sukari, where a pedestrian was knocked down and died.

The second incident occurred on June 5, 2026, when Eugene Mutivi Mutuku, a Kenya Medical Training College intern, fell from moving Nicco Movers vehicle KDV 713J along Thika Superhighway near Waumini Radio Station and died.

The Tribunal noted that the deceased’s mother, Jacinta Nzilani Mutuku, claimed the conductor ejected her son from the moving vehicle.

Nicco Movers, however, maintained that the passenger jumped off the vehicle.

The driver and conductor were not produced before the Tribunal.

According to the judgment, the mother’s account was that the two abandoned the scene and had not been brought to justice.

The safety concerns extended beyond the two fatal incidents.

NTSA’s compliance analysis found that 30 vehicles had been recorded operating above the prescribed 80kph speed limit.

A further 11 vehicles were not transmitting speed-limiter data, one was operating without a speed limiter, 10 had no speed-limiter records while three had expired inspection certificates.

The Tribunal later directed the operator to present 51 vehicles for inspection.

Only six passed while 45 failed.

The defects included missing and defective passenger seat belts, missing door and window locks, faded or undersized chevrons and reflectors, defective horns and lamps and damaged body panels.

Some vehicles also lacked first-aid equipment and fire extinguishers.

The Tribunal said the evidence pointed to systemic compliance concerns rather than isolated incidents.

“There were two fatalities within six months on the same corridor,” the Tribunal stated.

It added that 30 vehicles had been recorded above 80kph, while speed-limiter data was missing or not being transmitted across a significant part of the fleet.

Despite upholding NTSA’s power to regulate the operator, the Tribunal found that revocation of the entire licence was disproportionate.

“Revocation fails the third and fourth inquiries,” the Tribunal ruled.

It said the law provides NTSA with a range of sanctions, including removing specified vehicles from a licence, reducing the maximum number of vehicles and suspending a licence before resorting to revocation.

“The statute therefore itself ranks the available tools: vehicle-level surgery first, suspension next, revocation last,” the Tribunal stated.

The Tribunal also rejected Nicco Movers’ argument that NTSA could not take regulatory action while police investigations into the fatal accident were ongoing.

“Regulatory licensing and the criminal process serve different ends and apply different standards,” it said.

“Nothing in the NTSA Act or the Fair Administrative Action Act makes a pending police file a bar to licensing action.”

The Tribunal further held that the operator had been allowed to respond to the allegations before the licence was revoked.

It found that the dating of NTSA’s revocation letter, which was dated June 9 despite the hearing taking place on June 12, was a clerical error and did not prove that the decision had been predetermined.

“On a balance of probabilities, the Board finds that the decision was taken after the hearing and that June 9, 2026 is a clerical error,” the Tribunal ruled.

“It is not proof that the Committee had finished the case before the Appellant spoke.”

The Tribunal nevertheless faulted the operator’s compliance record, finding that NTSA had power, duty and cause to act after the inspection and safety findings.

In its final order, the Tribunal said the appeal dated June 15, 2026 partially succeeds and is allowed.

It set aside NTSA’s revocation and substituted it with a suspension of the PSV operator licence with immediate effect.

Nicco Movers has been given seven days to address 10 compliance concerns identified by NTSA.

The Tribunal warned that if the concerns remain unresolved after 14 days from the date of the judgment, NTSA may issue another notice to show cause and subsequently revoke the operator’s licence.

“If the ten (10) ‘concerns and way forward’ items in order (b) above remain unsatisfied at the expiry of fourteen (14) days from the date of this Judgment, the Respondent may, after a further notice to show cause, revoke the operator licence,” the Tribunal ruled.

The Tribunal also discharged and vacated all interim orders previously issued in the appeal.

While expressing condolences to the family of Eugene Mutivi Mutuku, the Tribunal stressed the importance of preventing similar tragedies.

“Regulatory proceedings cannot restore a life. They can, and in this case they must, reduce the risk that another family will land in a similar predicament,” it stated.