The Director General of the National Transport and Safety Authority (NTSA) has been summoned to appear before the Transport Licensing Appeals Board Tribunal to explain why the Authority has failed to reopen the Embakasi Shuttle Services Limited portal despite orders lifting the company's suspension.
The Director General is expected to appear before the Tribunal on Monday, November 9, 2026, at 3pm to account for the Authority's failure to comply with orders issued on October 16, 2026.
In a ruling delivered in Nairobi on November 4, the Tribunal noted that NTSA had acknowledged receiving the pleadings and court orders but had neither filed a response nor complied with the directives.
The matter came up for confirmation of compliance with the October 16 orders and for further directions.
During the proceedings, a lawyer representing Embakasi Shuttle Services told the Tribunal that the company's portal remained closed despite the earlier decision lifting its suspension.
The lawyer argued that the continued closure was causing the company to suffer losses and disrupting its operations, despite the Tribunal having issued clear instructions for the suspension to be lifted.
He urged the Tribunal to intervene, maintaining that its orders were binding and should not be ignored.
In response, counsel representing NTSA told the Tribunal that he had only recently been informed about the matter and was unaware that another advocate had previously come on record for the Authority.
He sought more time to respond to the application.
On the issue of reopening the portal, the NTSA representative indicated that the Authority would act if the relevant department allowed or agreed to restore access.
However, the Tribunal observed that when the matter was last heard on October 26, 2026, NTSA had been represented by another lawyer.
It further noted that the Authority had acknowledged service of the pleadings and the orders but had not taken steps to comply with the October 16 directives.
Embakasi Shuttle's lawyer subsequently asked the Tribunal to allow an application dated October 15, 2026, as prayed, arguing that it had not been opposed. He also sought the summoning of NTSA's Director General to explain the continued failure to comply with the orders.
The Tribunal declined to grant the application in full at that stage, noting that the matter had been scheduled for directions.
However, it allowed the request to summon the Director General, saying the failure to comply with the earlier orders was evident and had also been acknowledged by NTSA's representative, Mr Mwaniki.
In its ruling, the Tribunal expressed concern over the failure to obey lawful orders, warning that such conduct undermines the administration of justice.
The Director General will therefore be required to explain the Authority's position when he appears before the Tribunal on November 9.
The Tribunal also directed that further guidance on the disposal of the pending application and the substantive appeal will be issued on the same date.
The summons comes amid the ongoing dispute between Embakasi Shuttle Services and NTSA over the continued closure of the company's portal following the suspension that the Tribunal had ordered lifted on October 16.
The November 9 appearance is expected to provide an opportunity for the Authority to explain its position and address the outstanding compliance concerns.
