Marimba Sacco ban still on, High Court rules

The High Court on Monday declined to lift a suspension that was imposed on Marimba Investment Sacco after its crew allegedly killed a man in Zimmerman, Nairobi on December 24, 2017.

Judge Roselyn Aburili ruled that Marimba Sacco has to follow the right mechanism to have the ban lifted, adding that the court cannot review an administration act unless all other internal mechanisms set by law are fully exhausted.

The judge further said that the suspension letter or notice was issued within the parameter of the act in the regulation of public service vehicles.

“The appropriate statutory body that is mandated to hear the grievances regarding a decision made by the authority is the transport licensing appeals board and not the high court by way of judicial review,” ruled Aburili.

NTSA had argued that the court noted it has no jurisdiction to hear and determine the matter, adding that the applicants failed to exhaust all the internal appeal mechanisms before approaching the court.

Marimba Investment Sacco moved to court to challenge the suspension of its license which was suspended after a motorist was allegedly killed by its crew. Marimba claims that the move by NTSA is hurting their business adding that most of the PSVs were acquired on loans payable monthly.

NTSA, in a letter dated December 29, suspended the operation of the Sacco after Joseph Kiarie, a motorist, died following a confrontation with the crew of one of the Sacco’s vehicle on December 24 in Zimmerman.