The industry regulator suspended Super Metro’s licence until the company “complies and puts in place safety measures to protect lives of passengers and other roads users”.
But the company challenged the suspension, arguing that the NTSA had not notified it of any charges against it relating to accidents between January and March 2025.
The company added that the NTSA had also failed to provide it with a hearing or opportunity for consultation before making the decision or deciding to suspend its licence.
According to the company, the decision by NTSA was based on extraneous material or evidence and the bus company was not given a chance to refute the claims, contrary to the principles of natural justice.
“That there is no legitimate reason to revoke the licence/authority of the applicants as they have complied with all relevant provisions of law as required by the 1st respondent (NTSA) and any attempt or action to suspend the licences have been occasioned by extraneous factors,” the company submitted.
'Unreasonable action'
The firm added that the revocation was unreasonable, irrational and manifestly unfair and was bound to cause irreparable damage to the company.
Super Metro pointed out that in a letter dated March 18, the NTSA cited issues relating to fatal accidents that had not been brought to its attention prior to the meeting as the reason for suspending its operations.
“That the fatal accidents were not conducted by the majority of the operators of the Sacco but rather individuals and the blanket condemnation and punishment is not only malicious but detrimental to the applicant and its members who are innocent,” added the firm.
Dr Kamotho directed the matter to be heard on March 27.
“That pending inter-partes hearing of the motion and the memorandum of appeal herein on Thursday, 27 March 2025, an interim order is hereby issued staying the execution or enforcement or operation of the decision of the respondent dated 18th March 2025, suspending the operations of the appellant herein, Super Metro Sacco limited as a PSV operator,” the board said.
