Court Blocks EPRA From Evicting Nairobi Matatus Operating at Petrol Stations

Matatus at a terminal in Nairobi in August 18, 2024.
Matatus at a terminal in Nairobi in August 18, 2024.
Photo
Kenyans.co.ke/

The High Court has offered a temporary reprieve to 13 matatu SACCOs operating in petrol stations within Nairobi after a ruling that directed the Energy and Petroleum Regulatory Authority (EPRA) not to evict them.

As such, the SACCOs will continue operating in various petrol stations across Nairobi until the petition seeking to stop the EPRA eviction notice is heard and determined in court.

The SACCO's lawyer, Danstan Omari, has argued that if evicted, the action could throw the industry into confusion, disrupt business, and threaten the livelihoods of thousands who rely on the stations as critical pick-up and drop-off points.

The matatus had filed a petition with the court after being handed eviction notices by EPRA and the Nairobi County government.

Matatus during rush hour at the Fig Tree bus stop along Thika Super Highway, November 12, 2019.
Matatus during rush hour at the Fig Tree bus stop along Thika Super Highway, November 12, 2019.
Kenyans.co.ke

Speaking after the ruling by High Court Justice Chacha Mwita, the matatus' lawyer said that they had sought temporary relief after receiving credible intel that the county had planned to evict them today, November 19.

"My clients who are members of the matatu industry, both employees and matatu owners, got summons for eviction from where they are operating in petrol stations. Those summons came from EPRA and told them to vacate with immediate effect," he said.

"Aggrieved with that, we filed a petition, suing specifically EPRA and the Nairobi County Government and the Attorney General. Directives were issued, and we appeared before Justice Chacha Mwita today."

Additionally, the court directed the legal teams for EPRA, the county government, the petrol stations and the SACCOs to converge and have a meeting within seven days and reach a resolution to avoid an impending crisis if the evictions are carried out.

Therefore, the lawyer revealed that they would be writing to the other teams to have the meeting as soon as tomorrow, Thursday, November 20.

The resolutions will be presented before the High Court when the case goes before the court on December 1.

On Monday, November 17, the matatu companies threatened to down their tools over alleged intimidation by the Nairobi County government and the EPRA.

They had approached the High Court seeking urgent orders to stop EPRA from enforcing a ban on picking up and dropping off passengers at petrol stations within the Nairobi CBD. 

Petrol Station
An image of a petrol station with an overlooking flat roof.
Photo
Canva