High Court Orders ‘Status Quo’ Maintained in Matatu Petrol Station Row
"I also direct the status quo to be maintained during the subsistence of the operations until the court issues further directions," Justice Mwita ruled.
The High Court has directed the 12 matatu Saccos that were evicted from operating in petrol stations within the Nairobi CBD to continue operating from their current locations until the court gives further directions.
While giving directions, Justice Chacha Mwita, sitting at the Milimani High Court, directed the “status quo as to operating from the said petrol stations to subsist until the court gives further directions.”
The court also directed that the entry and exit points of the petrol stations be left clear.
“I also direct the status quo to be maintained during the subsistence of the operations until the court issues further directions,” Justice Mwita ruled.
The court further granted the parties- petitioners and respondents more time to engage in discussions on the way forward.
The judge had earlier directed EPRA and the Nairobi City County not to execute a threat to evict the matatu Saccos from their designated picking and dropping points, as this would cause considerable uncertainty to commuters.
He had ordered the Attorney General, Nairobi City County Lawyers, EPRA lawyers, and Danstan Omari, who represents the 13 Saccos, to meet within seven days and resolve the stalemate occasioned by a notice issued by the Energy Body to the transporters.
EPRA had issued a quit notice to the matatu saccos, ordering them to vacate the Total Energies and Ola Petrol Stations within the CBD from which they operate. The petrol stations are located at Afya Center, along Tom Mboya Street, and at OTC, along Ronald Ngala Street and River Road.
The judge directed the legal team to file a report by December 1, 2025.
“All the lawyers in this litigation, including two interested parties, Ezekiel Oyugi and John Gakuu, are hereby directed to hold a consultative meeting within seven days to reach an amicable solution on the quit notice served upon the Saccos by EPRA,” the judge directed.
The court stated that if a solution is not reached, commuters from over 15 counties who alight and board vehicles at these stations will be affected.
In the suit filed by the Saccos through lawyers Danstan Omari and Stanley Kinyanjui, the court was urged to prohibit Oyugi, Gakuu, and the government agencies, EPRA and NEMA, from effecting a threat to evict them.
The Saccos also stated that seven petrol stations, namely Total Kenya Ltd, Ola Energy, Vivo Energy, Rubis Energy, National Oil Corporation of Kenya, Luqman Petroleum Ltd, and Astrol Petroleum Ltd, will also be affected by the eviction notice if the court does not intervene.
Justice Mwita heard that, besides employees from the affected SACCOs losing their jobs, Nairobi City County alone will lose Ksh 291 million in revenue, and the government will lose Ksh 7.1 billion in revenue.
Omari said that over 1,000 affected matatus, which operate from these petrol stations, pay a daily parking fee of Ksh 124,556,250 million.
The judge heard that the disruption will also affect other service providers, including mechanics, hotel industry spare part dealers, and hawkers.
“If services of the saccos are halted for whatever reason, the shutdown would directly impact 3,485 staff members across the saccos, resulting in unemployment within the transport industry,” the saccos chairman, Clinton Wambua, states in his affidavit.
Wambua further states that the automotive and petroleum sectors will experience an annual income decline of KSh 7,870,220,000.
He added that the saccos have 1,117 Nissan and 124 buses, and they contribute heavily to generating revenue for the economy.
The court will mention the matter on January 26, 2026, before Justice Lawrence Mugambi for further directions.
