Operators body calls Nicco Movers suspension unjust

Tribunal says Nicco Movers had failed to demonstrate adequate compliance with road safety requirements. [Wanjiku Kariuki, Standard]

The Mass Mobility Operators Association has criticised the suspension of Nicco Movers' operations, calling the move unjust and unlawful after a passenger fell from a moving bus.

The association termed the "blanket suspension and condemnation" of Nicco Movers Limited unfair to drivers and conductors not connected to the incident.

"Such collective punishment is unjust, unreasonable and contrary to Article 47 of the Constitution of Kenya and the principles of natural justice and fair administrative action," the association said in a statement.

Each case should be investigated on its own merits, with individuals found culpable held accountable rather than the entire operator, the association argued.

Suspending a fleet of about 130 buses over the alleged conduct of specific individuals was unfair to drivers, conductors and other operators who were not involved, it said.

"We call upon relevant authorities to take action against the specific individuals involved, while allowing the rest of the fleet, drivers, conductors and operators who were not connected to the incident to continue serving the public," the association added.

The dispute follows a decision by the Transport Licensing Appeals Board to suspend Nicco Movers' licence after two fatal crashes and other safety concerns.

The tribunal set aside an earlier move by the National Transport and Safety Authority (NTSA) to cancel the licence, replacing it with an immediate suspension and giving the company seven days to address compliance failures.

The case centres on the death of 19-year-old Eugene Mutivi Mutuku, a Kenya Medical Training College student who fell from a moving Nicco Movers vehicle along Thika Superhighway on Friday, June 5.

His mother has claimed the conductor pushed him from the bus, a claim the company disputes, saying the passenger jumped.

NTSA revoked the sacco's operating licence days later, saying its management had lost control of fleet safety.

Nicco Movers remains suspended, with seven days to resolve the safety concerns raised by the regulator.