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CORRIDORS OF JUSTICE

Matatu Saccos Challenge Bid to Bar Use of Petrol Stations as a Terminus

Through their lawyer, Danstan Omari, the operators contend that their Saccos have used designated petrol stations—including Total Energies (Rhino) and Ola Energy (Afya Centre and OTC)—for decades without a single fuel or LPG-related incident.

NAIROBI, Kenya Oct 28 – Eleven public transport Saccos have protested a petition seeking to stop matatus from using petrol stations in Nairobi as pick-up points, describing it as politically motivated and economically destructive.

In a replying affidavit filed at the High Court’s Constitutional and Human Rights Division, Clinton Wambua, chairperson of one of the respondent Saccos, swore the affidavit on behalf of the twelve respondents.

The Saccos argue that the petitioners, Ezekiel Oyugi and John Karuru, are not acting in the public interest but are pursuing a political agenda intended to embarrass the Nairobi City County Government and the national government.

Through their lawyer, Danstan Omari, the operators contend that their Saccos have used designated petrol stations—including Total Energies (Rhino) and Ola Energy (Afya Centre and OTC)—for decades without a single fuel or LPG-related incident.

They accuse the petitioners of misleading the court and disregarding safety data showing that fuel tanks are installed underground and located far from active pick-up zones.

According to the affidavit, the twelve Saccos collectively operate more than 1,200 vehicles, employ 3,485 staff, and serve thousands of passengers daily.

It further warns that shutting down these operations would result in massive financial losses—estimated at KES 3.17 billion in national and county taxes, KES 7.87 billion in business revenue for fuel, tyre, and maintenance dealers, and KES 2.86 billion in lost fuel taxes.

Wambua adds that attempts to relocate matatus to the Green Park Terminus in 2021 led to chaos and congestion, demonstrating the impracticality of similar proposals.

The respondents maintain that the petition is “underwhelming, flimsy, and politically driven,” and have urged the court to dismiss it with costs.

The case, E652 of 2025, is currently pending before the High Court in Nairobi.

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