, NAIROBI, Kenya, Nov 4 – UmoInner Sacco whose vehicle was involved in an accident with a train last week killing 12 people has moved to court seeking the release of its grounded fleet.
In the petition, the Sacco says the decision by government cancelling its operation and grounding over 150 vehicles following the Wednesday morning accident at the Mutindwa rail crossing was vindictive and unfair and was reached without legal grounding.
The decision to cancel the Transport Licensing Board (TLB) licenses for UmoInner Sacco was announced by Transport and Infrastructure Cabinet Secretary Michael Kamau.
The Sacco said that it is incurring unjustified and unwarranted punitive losses of millions of shillings every day its vehicles remain grounded on illegal and unlawful basis.
UmoInner Sacco told Justice Weldon Korir that Kamau and The National Transport and Safety Authority had arbitrarily seized, detained and removed its buses TLB licenses, number plates, drivers PSV badges and detained its crews.
Justice Korir allowed the company to commence proceedings against The National Transport and Safety Authority and the minister saying he was satisfied that UmoInner had established an arguable case.
The Sacco had wanted the court to order the release all its vehicles but Justice Korir did not grant the interim order.
Instead, justice Korir certified the case as urgent and directed parties to go back to court on November 6 to argue whether the decision of the minister will be temporarily lifted pending the hearing and determination of the case.