Return of Michuki rules will be brutal, Matiang’i says as crackdown starts

A Nissan matatu which was found to be faulty, lacking safety belts and valid documents, at Mathari, in Nyeri, on November 6, 2018. Police have stepped up the crackdown in readiness for the return of Michuki traffic rules. [Kibata Kihu/Standard]

The government has given its strongest indication yet on intention to reign in on an industry that has for decades operated on the fringes of law and order.

Starting Monday, in what may turn out to be a painful few days for commuters, matatu operators and insurance companies, a multi-agency task force will officially take up the mandate of bringing order to Kenyan roads that continue to claim lives over negligence and flouting of the law.

The team comprising National Transport and Safety Authority (NTSA), the National Police Service and the Office of the Director of Public Prosecution (ODPP) were jointly tasked with restoring sanity to the public transport sector through enforcement of a raft of already existing, but largely ignored laws.

Tough stance

This tough stance was revealed yesterday during a road safety measures implementation meeting at the Kenya School of Government where traffic law enforcers were instructed to act strongly to curb rising cases of road accidents.

“I direct you to be ruthless and firm while taking action. Do that with consistency. Let us not have mercy,” Interior Cabinet Secretary Fred Matiang’i said at the meeting.

He said Kenya’s journey to redeeming the public transport sector will be tough, unrelenting, unforgiving but necessary.

“We have told the correctional services department to increase their budget because visitors in remand will be many,” said Dr Matiang’i.

He also called out insurance companies for failing to pay out policies and told them to brace for the worst.

“Madness in the insurance sector cannot be allowed to continue…victims of road accidents have never been compensated, the dance continues in courts,” claimed Matiang’i.

The CS said the madness exhibited towards the end of last year during the festive season will not happen again and that the implementation of the tough laws will be continuous.

“Some have said we will get tired. They are mistaken. The measures will be institutionalised and will stay today, tomorrow and in future,” Matiang’i said.

His Transport counterpart James Macharia told the police that they were dealing with criminals in the transport sector, and that punishment to any violators of the law should be dealt with forcefully. “The actions we are proposing are meant to deal with criminals. In the past we have only dealt with agents, it is now time we extend this to the principals,” he said.

Apart from operators, insurance companies and vehicle body builders will be targeted. Those that flout the prescribed laws will face arrest and prosecution.

Compromised law enforcement officers will not be spared either. Motor vehicle inspection unit officers found to be complacent will face a raft of retributive measures.

Excess passengers

Private vehicles will not be spared in the crackdown either. Worn out tyres, malfunctioning lights or indicators and faulty safety belts will see the drivers, owners of the car, the Sacco or company that the vehicle belongs to apprehended and prohibited from operating on the road.

In case of an excess passenger, the driver, conductor as well as the excess passengers will be charged and a fine paid. Further, for public service vehicles that will be found operating in unauthorised routes and time, the driver and the Sacco will be dealt with by the enforcers.

“It will be a tough journey and we will walk the path. There will be a bit of pain for non-compliance,” said Matiang’i.

At the same time, long distance vehicles that will be on the road for more than eight hours will be required to have two drivers. If found to have contravened the law, the driver, car owner and Sacco will be held liable. The public has also been given a toll free number to report any wayward behaviour on the road. A short messaging platform, a website and a mobile phone app to report were also unveiled. Inspector General Joseph Boinett said six independent teams have been formed to support the county police commanders in effecting the regulations during this festive season.

Dorcas Oduor from the public prosecutions said there were enough prosecutors in place to process the cases that will be presented. Francis Meja, the NTSA director, said the crackdown will leverage on the use of technology. They include the use of cameras, NTSA mobile application, website, SMS service and toll free call.  

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