Matatu owners in court to challenge NTSA directive on saccos
Owners of some matatus plying between the city centre and Kangemi have gone to court seeking the release of their vehicles from a sacco.
Through lawyer Harrison Kinyanjui, route 23 matatu owners claim that they have been members of the Kangemi matatu owners Sacco following a 2014 directive, which requires that all Public Service Vehicles must belong to one in order to get a Road Service License (RSLs) from the National Transport and Safety Authority.
But now, they want an order issued for them to cease being members of the said sacco since the law discourages one from being compelled to join an association of any kind.
They also fault the Authority of failing to issue them with an order of prohibition whenever their vehicles are considered to be unroadworthy.
They accuse the said sacco of plucking off their RSLs from their vehicles unceremoniously on October 8 and claim that the refusal to remove them from the association is a further denial of their right to earn a living.
SACCO MEMBERSHIP
“I have sought the release of my vehicle from the PSV fleet of Kangemi sacco now unlawfully retained by the Authority, I believe there is absolutely no justification for keeping me tied to the sacco at all,” Mr Patrick Njoroge Kimani, one of the owners said.
According to the owners, no law imposes membership to a sacco once one has opted to cease being part of it.
“The directive has subjected the matatu owners to be psychologically tortured and they believe that the court has to intervene to protect their proprietary rights as well as freedom to operate their PSV lawfully,” their lawyer said.
The matatu owners have sued NTSA and listed Kangemi Sacco as an interested party in the case.
They now want the court to issue an order compelling the Authority to remove their eight vehicles from their NTSA PSV portal under the membership of the said sacco.
