Court allows Super Metro to continue using Moi Avenue terminus

Matatu operator Super Metro will continue operating from a terminus on Moi Avenue after the High Court quashed a decision by the Nairobi County Government seeking to block it from accessing the spot.

Justice William Musyoka ruled that Super Metro can continue operating from the Moi Lane Kenya Cinema terminus, after finding that the county government acted unfairly when it blocked the company's vehicles from accessing the terminus.

The judge held that the county failed to give the operator prior notice, reasons for the decision, or an opportunity to be heard before taking action.

"Based on the above, the only conclusion that I can make is that the applicant herein was not given prior notice and reasons, before the decision or action to block its vehicles from accessing the terminus, which it had been permitted prior to access, and for which it had paid the requisite fees, was made or taken," Justice Musyoka said.

He added that Super Metro was denied an opportunity to make representations before the decision was implemented.

The county government did not defend the case despite being served with court documents.

"Consequently, a case has been made out for grant of the orders sought, as the impugned decision was procedurally unfair, for the rules of natural justice were breached," he said.

The judge further noted that the action was taken abruptly and arbitrarily, without considering the inconvenience and disruption it would cause to commuters and the operator.