Super Metro matatus are once again ferrying passengers after the Transport Licensing Appeals Board (TLAB) temporarily lifted the suspension imposed by the National Transport and Safety Authority (NTSA).
The company, which had been forced to halt operations last Thursday, is awaiting the final determination of its appeal set for Thursday.
The NTSA had grounded the fleet following a public outcry sparked by the death of a passenger, who was allegedly thrown out of a moving Super Metro vehicle.
Citing multiple regulatory breaches, the authority had urged commuters to avoid the company’s vehicles, escalating tensions between the two sides.
In response, Super Metro filed an appeal with TLAB, contesting the suspension as unfair and excessive.
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The tribunal, in its ruling on Monday, granted an interim order allowing the company to resume business while the appeal process unfolds.
“Pending the inter-partes hearing of the Motion and the Memorandum of Appeal on Thursday, 27th March 2025, an interim order is hereby issued suspending the execution, enforcement, and operation of the decision made by the Respondent on 18th March 2025 (NTSA/C/RT/010/2VOL),” the ruling read in part.
TLAB chair Adrian Kamotho affirmed that, “The suspension of the appellant, Super Metro Sacco Limited, as a PSV operator is hereby lifted. The appellant is at liberty to immediately resume operations in full compliance with the law.”
Both NTSA and Super Metro have been directed to submit additional affidavits or relevant documentation by Wednesday, ahead of the tribunal’s final ruling.
Before the suspension, an NTSA inspection had uncovered several regulatory lapses in Super Metro’s fleet. Out of 523 vehicles, 15 lacked valid inspection certificates, while eight were found operating without a Road Service Licence (RSL).
Speed compliance checks also revealed that 294 vehicles had breached the 80 km/h limit.
NTSA further cited the Sacco for non-compliance with public service vehicle labour regulations.
“The Company was also in violation of the provisions of the NTSA (Operation of Public Service Vehicles) Regulations 2014, Section 5, sub-section 1(e) which states: A person desirous of operating public service vehicles shall be a member of a body corporate which shall comply with labour laws and regulations including in respect to statutory deductions, health and safety of the workplace, Work Injuries Benefits Act (Cap. 236) insurance, statutory leave days and written contracts of employment for staff,” NTSA stated.
To address these concerns, NTSA has ordered Super Metro to take corrective action.
The 294 flagged vehicles must undergo compliance checks at designated speed limiter vendors, while all must be inspected at the Likoni Motor Vehicle Inspection Centre.
Additionally, 42 drivers accused of speed violations have been directed to undergo retesting at the Likoni Driver Test Centre.
This directive follows a March 10 evaluation in which 64 Super Metro drivers failed, resulting in the suspension of their licences.
With the tribunal now set to make its final ruling, the fate of one of the city’s most popular matatu SACCOs remains in the balance.
Whether the company will be allowed to continue operating or face further restrictions will be decided in the coming days.