NTSA Director General Nashon Kondiwa. [File, Standard]

The Transport Licensing Appeals Board has summoned the NTSA Director-General to explain why the authority has defied orders to reopen Embakasi Shuttle Services Limited's portal.

The tribunal led by Dr Adrian Kamotho Njenga ordered the Director-General to appear on Monday, November 9, 2026, at 3pm after the company complained that NTSA had failed to comply with orders issued on October 16, 2026, lifting the suspension of its portal.

In a ruling, the tribunal expressed concern over the authority's continued failure to comply with its directives despite acknowledging receipt of the court documents and orders.

The tribunal noted that Embakasi Shuttle's portal remained closed even after the suspension had been lifted, leaving the company unable to resume normal operations through the platform.

Embakasi Shuttle's lawyer, Mr Otuke, told the tribunal that the company continued to suffer despite the orders, arguing that the directives issued by the tribunal had not been implemented.

He urged the tribunal to intervene, saying the orders lifting the suspension had not been issued in vain.

However, NTSA's lawyer sought more time to respond to the application as he told the tribunal that he had only recently been informed about the matter and was unaware that another advocate was already on record.

On the continued closure of the company's portal, the lawyer told the tribunal that its reopening depended on approval from the relevant department.

“If the department allows me or agrees to open the portal, we shall open the portal,” he submitted.

The tribunal, however, questioned the authority's failure to comply with its previous directives, noting that NTSA had acknowledged service of the pleadings and orders but had neither responded nor complied.

It also observed that NTSA had been represented by another lawyer when the matter previously came up on October 26, 2026.

 The company's lawyer had asked the tribunal to allow an application dated October 15, 2026, which he said was unopposed, and summon the NTSA Director-General to explain the authority's repeated failure to comply with the October 16 orders.

The tribunal declined to allow the application at this stage, explaining that the matter had been listed for directions.

However, it granted the request to summon the Director-General, faulting the authority for failing to provide any justification for disregarding lawful orders.

“No valid reason has been furnished, nor can there be any legal justification for disobedience of lawful orders,” Kamotho led tribunal stated.

It further warned that disobedience of court orders threatened the administration of justice.

“Flouting of court orders undermines the proper administration of justice and risks anarchy,” the tribunal stated.

The summons now requires NTSA's Director-General to personally appear before the tribunal and account for the failure to implement the October 16 directives.

The tribunal will also issue further directions on the determination of the pending application and the substantive appeal on November 9.

NTSA is the statutory regulator responsible for overseeing road transport and public service vehicle operations, including licensing and related transport services through its digital platforms.