A fresh round of a legal battle between matatu operators and the government of Nyeri is looming after the operators moved to the Court of Appeal to challenge a High Court decision okaying their relocation to a new terminus.
In a notice of appeal filed on Tuesday, the chairman of the 2NK Sacco, James Kahiro, together with 2NK Sacco, Nyena, 4NT, Namuga, 3NCK, NIM and Gakanango want the court to set aside a June 11 judgment by Justice Kizito Magare giving the green light to the government of Nyeri to proceed with the relocation of transport operations from the town’s Central Business District to the new terminus.
“Take notice that the appellants being dissatisfied with the judgment of the High Court given on June 11, 2025, intend to appeal the said judgement,” reads the application filed by lawyer Waweru Kiragu, who is representing Kahiro and the seven matatu Saccos in the matter.
The seven-month court battle dates back to November 4, 2024 when the eight petitioners moved to court seeking orders to block their planned relocation to the new terminus situated about one kilometre from the CBD.
They told the court that the executive order to vacate the three bus termini within Nyeri CBD had been issued against the principle of adequate public participation and accountability as enshrined in the constitution.
They also argued that the order issued by the county executive in charge of transport and infrastructure, Abdi Hussein, showed bias and discrimination against the matatu operators’ place of business.
The Saccos said they had been operating in the CBD for 50 years and the imminent relocation to the new terminus- which held no business prospects- would undermine their right to a decent livelihood.
Further, they termed the order as a threat and an attempt to finish their matatu business and their business goodwill, given that the county was pushing them to a new and unknown area far from Nyeri CBD.
Additionally, the petitioners told the court that they had taken loans from Saccos and banks and they may not be able to meet their monthly financial obligations of loans alongside county fees and licenses due to loss of revenue occasioned by the relocation.
While issuing the conservatory orders halting their relocation on November 15, 2024, Justice Magare stated that the notice had failed to consider public interest in the orderly and smooth implementation of the policy. Justice Magare said the county government had at the time failed to put into consideration the immediate ramifications that the notice would have on both the county government and the matatu operators.
But the county government also moved to the High Court on November 26 seeking to lift Justice Magare’s orders.
The county argued that the petitioners had obtained the conservatory orders through misrepresentation and deliberate concealment of facts.
Further, the county said the conservatory orders were discriminatory and only factored in the eight petitioners, leaving out other public transport providers operating in the Nyeri CBD.
“The conservatory order is discriminatory as it only applies to the petitioners in the midst of other public service transport providers and the orders granted will result in complete chaos should the respondent attempt to effectuate the impugned notice against the rest of the affected persons who are not petitioners,” said county Attorney Kimani Racuiya in his response.
The county also cited continued loss of revenue on account of poor regulation of public transport parking within Nyeri town resulting from the court order. They said that matatu operators would not suffer any loss as their economic activities would not be halted by the relocation to the new terminus.
But even after being granted a 60 days window to amicably settle the matter through mediation, the two parties failed to agree paving the way for the court to resolve the matter.
While delivering his judgment on Wednesday last week, Justice Magare dismissed the case on the grounds that the petition lacked merit.
The High Court judge noted that the matatu operators had failed to demonstrate the manner in which the public participation sessions held by the county government on diverse dates between 2019 and 2025, and which their representatives had attended, failed to meet the constitutional threshold.
He also noted that the matatu Saccos had failed to demonstrate how the executive order by county government to relocate the operators from three bus termini within Nyeri CBD had discriminated against them.
“The petition lacks merit and is accordingly dismissed. In order to have a smooth transition, the respondent (the county government of Nyeri) shall give directions on implementation of the (relocation) notice with effect from a date not earlier than August 1, 2025.Each party to bear their own cost of the petition due to the public interest in the petition,” the judge ruled.
