Nyeri matatu operators challenge High Court ruling on new Sh600m terminus
Matatus at a terminus in Nyeri town on January 3, 2025.
What you need to know:
- The matatu saccos filed the appeal notice on June 16, 2025 expressing dissatisfaction with the judgement delivered on June 11, 2025.
- Saccos had moved to court in November 2024 contesting a directive that PSVs operating routes more than 25km relocate to the bus park.
Long-distance matatu saccos in Nyeri have moved to the Court of Appeal after the High Court dismissed a suit challenging their relocation to the new Sh600 million bus terminus.
The Saccos—2NK, Four NTE, Nyenya, 3NCK, NIM, Nyena, and Gakanango—filed the appeal notice on June 16, 2025 expressing dissatisfaction with the judgement delivered by Justice Magare Kizitoon on June 11, 2025.
The saccos had moved to court in November 2024 contesting a directive that public service vehicles operating routes more than 25 kilometres relocate to the bus park.
Through their lawyer Jacob Kiragu, they argued that the order was unconstitutional, claiming it was issued without proper public participation as required by law.
They claimed the move would disrupt businesses which have operated within Nyeri town for over 50 years, which would impact their ability to service outstanding loans.
“The implementation of this order will lead to the closure of businesses, denying us our right to a decent livelihood,” lawyer Kiragu said in court documents.
They said the order was issued without proper involvement, and questioned the manner in which public participation meetings was conducted.
Lawyer Kiragu asked the court to annul the county notice, citing violation of the Fair Administrative Action Act and the Constitution.
But in dismissing the petition, Justice Kizito ruled the suit lacked merit, noting that the court could not reverse a project whose decision to construct was made back in 2015 as part of efforts to decongest Nyeri’s central business district (CBD).
He noted that the issues of whether the new bus park is more economic than the old one, was dealt with in the public participation.
“Therefore the issue at hand is not the viability or location of the terminus but whether public participation had been conducted properly,” he said.
Citing minutes of meetings from 2019,2025 and three separate forums held in 2023, the judge noted: “The court finds that there is sufficient evidence of public involvement in the planning, design, and implementation of the project.”
Documents presented before court by the petitioners included minutes of a stakeholders’ meeting to decongest Nyeri town Central Business District, held in 2019 and another three in 2023.
There were also minutes of three meetings held on the digital topographic mapping of the Integrated Strategic Urban Development Plan for Nyeri town by surveyors, planners, ward representatives, consultants, environmentalists and Transport Sacco representatives.
Justice Kizito said the petitioners failed to show how the Public Participation Process fell short of the required standard.
The court also found that the petitioners failed to prove how they were discriminated against by being relocated to the new bus park.
He directed the county government to implement the notice on the relocation as from August, 2025.
In the suit, the county government through Former County Secretary Mr Benjamin Gachichio, had told the court that Transport Saccos had been engaged from the start of the project in 2019.
He said the county government consistently held public participation sessions for the project.
“The representatives of the petitioners including some Saccos attended these meetings. Stakeholder meetings took place on April 25, 2023 and July 13,2023 with the president launching the park on August 7, 2023,” he said, adding that some petitioners even displayed their vehicles at the terminus on the day of the launch.
However, a month later, the saccos requested a postponement of there location until January 2024, a request which the county government granted, leading to the dispute.