Nicco Movers PSV Licence Suspended Over Safety Breaches After Fatal Incidents

NAIROBI, Kenya — The Transport Licensing Appeals Board has suspended Nicco Movers’ PSV operator licence with immediate effect, giving the company seven days to address a series of safety and compliance concerns raised by the National Transport and Safety Authority (NTSA).

The Tribunal overturned NTSA’s earlier decision to revoke the company’s licence, replacing it with an immediate suspension.

“The respondent's decision revoking the appellant's PSV operator licence...is hereby set aside. In substitution thereof, the Appellant’s PSV Operator Licence is suspended with immediate effect,” the Tribunal ruled.

The decision follows an inspection of 51 Nicco Movers vehicles, of which 45 failed to meet the required safety standards. Only six vehicles passed the inspection.

45 Vehicles Fail Safety Inspection

The inspection identified a range of safety defects, including missing or faulty passenger seat belts, defective doors and window locks, faulty horns and lights, and damaged vehicle body panels.

Some vehicles were also found to be operating without essential safety equipment, including first-aid kits and fire extinguishers.

The Tribunal said the inspection results, combined with other regulatory violations, raised significant concerns about the company's overall compliance with road safety requirements.

Two Fatal Incidents Within Six Months

The suspension comes amid increased scrutiny of Nicco Movers following two fatal incidents involving its vehicles within a six-month period.

The most recent incident involved Kenya Medical Training College student Eugene Mutivi Mutuku, who died on June 5 after falling from a moving Nicco Movers vehicle along Thika Superhighway near Waumini Radio Station.

During the proceedings, Eugene’s mother, Jacinta Nzilani Mutuku, told the Tribunal that her son had been pushed from the moving vehicle by the conductor.

Nicco Movers disputed the account, telling NTSA that Eugene had jumped from the vehicle.

The Tribunal declined to determine which version was accurate, noting that the circumstances surrounding the death are a matter for the criminal justice process.

The Board, however, observed that Eugene's death was the second fatal incident involving a Nicco Movers vehicle within six months.

In January, another Nicco Movers vehicle, KDQ 655D, was involved in a crash along Thika Superhighway near Kenyatta University and Kahawa Sukari, in which a pedestrian was killed.

Speeding and Speed-Limiter Violations

The safety concerns extended beyond the two fatal incidents.

NTSA records presented to the Tribunal showed that 30 Nicco Movers vehicles had been recorded travelling above the prescribed 80 km/h speed limit.

A further 11 vehicles were not transmitting speed-limiter data, while one vehicle was found operating without a speed limiter. Another 10 vehicles had no speed-limiter records.

Three vehicles also had expired inspection certificates.

The Tribunal said the combined evidence pointed to more than an isolated incident, citing the fatalities, speeding violations, speed-limiter concerns and widespread inspection failures.

Tribunal Rejects Full Licence Revocation

Despite the seriousness of the violations, the Tribunal found that NTSA had gone too far by completely revoking Nicco Movers’ operating licence.

The Board noted that the regulator had several alternative enforcement measures available, including grounding individual vehicles, requiring driver re-testing, conducting compliance audits and suspending the operator's licence.

As a result, the Tribunal set aside NTSA's revocation decision and imposed a suspension instead.

Nicco Movers Given Seven Days to Comply

Nicco Movers has been given seven days to address the ten compliance concerns identified by NTSA.

If the company fails to meet the requirements, NTSA may issue a fresh notice to show cause after 14 days and could ultimately move to revoke the operator's licence.

The Tribunal also rejected Nicco Movers' argument that NTSA should have waited for criminal investigations into Eugene Mutuku's death to be completed before taking regulatory action.

It held that criminal proceedings and transport regulation serve different purposes, emphasizing that NTSA has an independent responsibility to protect passengers and other road users.

The ruling means Nicco Movers' operations now face heightened regulatory scrutiny as the company works to address the identified safety shortcomings and restore compliance with Kenya's transport regulations.