A tribunal has summoned National Transport and Safety Authority (NTSA) Director-General Nashon Kondiwa to explain why the regulator has blocked Embakasi Shuttle Limited from accessing its online licensing system. The Transport Licensing Appeals Board said NTSA had acknowledged receiving the company’s pleadings and orders to lift the digital suspension but had neither responded nor complied. The tribunal chaired by Adrian Kamotho Njenga expressed concern over NTSA's actions.

Embakasi Shuttle Limited, a public service vehicle operator serving various Nairobi routes, moved to the tribunal on October 15, 2026, after NTSA blocked its access to the online portal. The company argued that the closure prevented it from completing vehicle registration and licensing requirements. NTSA approved Embakasi Shuttle as a transport operator in March 2022, but required it to apply for Road Service Licences for 30 vehicles within 30 days.

The online system allows PSV operators to submit vehicle details and complete licensing requirements. PSV rules require an operator to own at least 30 serviceable registered public service vehicles, or have licence applications lodged with NTSA. The authority warned that failure to meet the condition would lead to revocation of its licence. In January 2025, NTSA wrote back after receiving the company’s response to an earlier letter dated November 25, 2024.

Director Robert Orina told the tribunal the company was never served with a formal suspension decision. “No actual letter of suspension or decision to suspend was issued to the applicant by the respondent at any particular time thereafter,” he stated in an affidavit. The company says it submitted lists of 32 vehicles and 32 conductors and sought 30 days to upload vehicle registration details.

On October 16, the tribunal certified the application as urgent, ordered NTSA to respond within seven days and lifted the portal suspension pending determination of the company’s case. It permitted the company to resume operations “forthwith in line with the law”. However, when the matter returned to the tribunal on November 4, Embakasi Shuttle’s lawyer said the portal remained closed.

The tribunal noted NTSA had acknowledged service but had neither responded nor complied with its orders. “No valid reason has been furnished, nor can there be any legal justification for disobedience of lawful orders,” the tribunal said. It summoned Mr Kondiwa to appear at 3pm on Monday, November 9, to “to explain the repeated failure to comply with the Tribunals orders”.

The substantive appeal remains unresolved. The company claims the closure caused financial losses, affected members’ loan repayments and put vehicles at risk of auction. NTSA’s lawyer admitted the portal remained closed, saying reopening depended on departmental approval. The case highlights the challenges faced by PSV operators in complying with regulatory requirements.

Key points

  • The tribunal expressed concern over NTSA's actions, stating that flouting court orders undermines the proper administration of justice.
  • Embakasi Shuttle Limited was approved as a transport operator in March 2022 but was required to apply for Road Service Licences for 30 vehicles within 30 days.
  • The company's portal was closed despite a tribunal order to reopen it, causing financial losses and disrupting its transport business.

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SaharaWire Newsroom
SaharaWire

Reporting for SaharaWire from the Nairobi bureau.