Matatus say Michuki rules will not stick

A traffic officer controls matatus plying Komarock route in Nairobi after they complained of route contravention by their matatus from other saccos. [Photo: Willis Awandu/Standard]

Public service vehicles have adopted a wait-and-see attitude as the clock ticks towards the enforcement of tough laws that could see a good number of them pushed off the road.

Despite the government insisting that the planned crackdown, which will see a return of the much publicised Michuki rules in a weeks’ time, is still on, it is still business as usual on the roads. Operators say unless there is proper education on how the rules will be effected, the government is just but blowing hot air.

“Who is going to enforce the laws?” posed Matatu Owners Association chair Simon Kimutai.

“Is it the same police who are extorting and offering protection to rogue operators? We support the laws but we are sure after one week it will be back to business as usual.”

The government has turned to the late Transport Minister John Michuki’s guidebook on how to bring back sanity on the roads, giving the public transport sector up to November 12 to comply with a set of strict conditions.

This includes fixing seat belts, installing speed governors and painting a continuous yellow line around vehicle bodies. Additionally all matatu crew will be required to wear uniform and badges at all time, display the driver’s passport photo on the windscreen and avoid touting.

“Effective Monday November 12, 2018, any PSV vehicle, drivers, SACCOs/transport companies, passengers and other relevant parties that fail to comply with the provisions of the NTSA Act and the Traffic Act will be firmly dealt with in accordance with the law,” said a joint statement by the ministries of Transport and Interior last week.

The NTSA Act Cap 403 and Legal Notice 161 of 2003 says all PSVs must be fitted with speed limiters or governors, safety belts (seat belts) and yellow continuous line.

Failed miserably

But while this is easy on paper, implementing it from the end of next week will be another issue all together.  The fire brand Michuki left the Transport Ministry in 2005 and since then every attempt to bring back sanity on the roads the way he did has failed miserably.

Michuki banned graffiti on all passenger service vehicles, which reduced competition among operators due to uniformity. However, after assuming office in 2013, President Uhuru Kenyatta, in an attempt to create jobs for the youth, brought back graffiti but forced matatus to join saccos in an effort to create self-regulation.

But even with the existence of such stringent rules, matatu owners, in an attempt to woo the urban youth who are their biggest market, have continuously tried to outdo each other on body designs, colours and entertainment systems, leading to a disregard of regulations.

It costs not less than Sh500,000 to have colour decorations alone for a pimped matatu and up to Sh2 million for additions like music systems, flat screen television sets and Wi-Fi routers. This is on top of the Sh3 million a new vehicle costs and Sh350,000 spent on insurance for a 25-seater matatu per year.

In order to recoup the huge investment done on a single matatu, operators opt to break the rules with the protection of rogue elements in the police force.

The ripple effect of this is everyone else breaks the rules, leading to chaos in the whole sector.

“It is expensive to comply with the rules. The problem is when people comply and others don’t,” admitted Kimutai.

The government has nevertheless said it will make good its threat and come next Monday any vehicle, crew or passengers found flouting the rules will face the law.

This includes passengers who will be found to have not belted up as they will have to pay an instant fine.