Matatu crews react to impending enforcement of Michuki rules

Kenyans who use public service vehicles will from Monday have to look for alternative ways of reaching their destinations after the operators on Saturday said they would withdraw the vehicles from roads.

Federation of Public Transport Operators chairman Edwin Mukabana said the decision would to enable matatu owners and crews align themselves with guidelines that have been issued by the government.

“The vehicles will be withdrawn from roads so that we do not find ourselves on the wrong side of the law,” Mr Mukabana, who was accompanied by other officials of the federation, said.

Members of the federation are Matatu Owners Association, Matatu Welfare Association, Association of Bus Operators, Mt Kenya Matatu Owners Association, Association of Matatu owners and Matatu Transport Vehicles Association.

“We are seeking dialogue with the authorities with a view of getting clarification on the guidelines, which we feel are unclear and discriminatory,” Mr Mukabana said.

“We wrote to Transport and Infrastructure Cabinet James Macharia but have not received invitation.”

CRACKDOWN

He added that the federation wants clarification on charging vehicle owners and sacco officials for traffic violations of drivers and conductors, painting of vehicles white, introduction of continuous yellow line instead of broken ones on matatus, replacement of serviceable speed governors and uniforms for PSV drivers and conductors.

On Friday Interior Cabinet Secretary Fred Matiang’i and Mr Macharia directed police to enforce the “Michuki rules” from Monday.

They said the regulations were not suspended and that government agencies would work together to ensure sanity prevails on Kenyan roads.

“We will launch a crackdown to restore order and good management of the transport industry in our country,” Dr Matiang’i said at the Kenya School of Government in Nairobi.

He added that the clampdown will be continuous “and not like previous instances where laxity on the part of the law enforcers encouraged matatu owners and crew to flout rules”.

ROAD FATALITIES

Mr Macharia said the high number of road crashes in Kenya is alarming.

The minister added that the owner and driver of a vehicle flagged for recklessness on the road would be prosecuted.

Road accidents have been on the rise. In three years alone, more than 8,000 people have died on roads.

Last month, 58 people were killed when a bus rolled in Fort Ternan, Kericho County. It was heading to Kakamega from Nairobi.

According to the National Transport and Safety Authority, a PSV should have a speed limiter, safety belts and must a yellow line.

The drivers and conductors should have uniforms and badges. Their photos should be prominently displayed in the vehicle.

COMPLIANCE

In Bomet County, operators began withdrawing their vehicles from roads and taking them to garages yesterday in a bid to beat the November 12 deadline set by the government.

NTSA and traffic police officers in the area have in the last three weeks been holding meetings with drivers, conductors and owners of matatus, alongside boda-bodas to educate them on the regulations.

Matatus in the region are managed by various saccos, including Narok Line, Bomet Travellers and Bomet Transport.

Hundreds of saloons, mainly Toyota Proboxes, are also in the PSV business. The ministry has told owners of the saloons to withdraw from the matatu business.

Bomet-Narok Sacco chairman Richard Sinei said the organisation would observe the rules.

“We have complied with the directives. The sacco will ensure our conductors and drivers have uniforms and badges and the vehicles are fitted with speed governors. They will have the yellow lines and insurance covers as required by the law,” Mr Sinei said yesterday.

AWARENESS

Mr Julius Sigei, a matatu owner admitted that many vehicles had been taken to garages in Narok and Bomet.

“Some are being repainted. They will have been fitted with the necessary gadgets by Monday,” Mr Sigei said.

A month ago, Traffic Commandant Samwel Kimaru was in Bomet County.

He held meetings with matatu operators and body-bodas, informing them of the need to embrace the regulations and stay safe.

“We must ensure stakeholders comply with traffic rules for this will reduce road accidents, especially as the festive season approaches,” the traffic chief said.

In Kisumu County, police have vowed to clamp down on vehicles that do not comply with the rules, as matatu owners and operators complained of “unfairness”.

County Matatu Owners Association secretary James Ochieng Omwa said it would be unfair for the government to punish vehicle owners and sacco officials for mistakes committed by matatu drivers and conductors.

STRIKE

In Migori County, matatu operators said they would go on strike on Monday to protest the re-introduction of the Michuki safety rules.

Mr Francis Momanyi, who operates between Migori and Homa Bay towns, said the deadline given by the government to comply with regulations “is too short and needs to be extended”.

“We have already taken the decision to keep off the roads on Monday. These regulations will only enrich traffic police officers as they will now be demanding huge bribes,” Mr Momanyi told the Nation in Migori Town.

Mr Samuel Otieno, another operator, also asked for more time “since most of us are servicing sacco and bank loans”.

“We will take the painful decision on Monday to stay away from roads. It is the ordinary Kenyans who will suffer," he said.

In Mombasa County, some PSV owners and operators said they would ground their vehicles to avoid the impending police crackdown.

SPEED GOVERNORS

Contacted, Matatu Owners Association national vice chairman Ali Bates said the withdrawing vehicles from roads would not be because of the Michuki rules.

"Vehicle part dealers do not have digital speed governors. We will stay away from the roads until the devices arrive and are installed in our vehicles," he said.

Most car part dealers were caught unawares by the announcement and are yet to import the type of speed limiters the Transport Ministry insists should be installed in matatus.

Mr Bates said only 2,000 PSVs in Mombasa have been fitted with digital speed governors.

“Any vehicle without the seat belts and speed limiters will not be operational from Monday. The owners must ensure they comply with the new rules set by the government. At the moment, there are no speed governors in the Coast. We hope things will be OK by next week,” he told the Sunday Nation by phone.

ROAD SAFETY

Mr Bates added that only long distance PSVs have complied with the traffic rules.

“But only a few matatus that operate in towns have complied. We took the decision to install new speed governors because the old ones were interfered with. The new ones are tamper-proof,” Mr Bates said.

“We held a meeting with regional traffic police officers recently and they told us to comply with the regulations.”

National Assembly Transport Committee chairman David Pkosing told the Sunday Nation that the measures taken to reduce accidents on Kenyan roads are necessary.

Mr Pkosing added that NTSA, government agencies and police have not done much to curb road carnage.

“Inspector-General of Police Joseph Boinnet should ensure traffic offenders are punished, “Mr Pkosing said.

DISCIPLINE

He also faulted transport players for not involving the committee in their decisions. In Naivasha, majority of matatu drivers support the rules.

A driver with New Nairobi-Naivasha United Services, Mr George Mwicigi, said he and others would be on the road Monday when the crackdown against unroadworthy vehicles begins.

“I have the necessary documents. Like almost all our drivers, I have never tampered with my speed governor. The rules should have been introduced earlier than Monday,” he said.

Mr Mwicigi hailed his Sacco for having maintained discipline and coming up with internal mechanisms that tamed rogue drivers.

However, another driver faulted NTSA and the traffic department for issuing contradictory directives over the yellow line.

“The authority says the line should be dotted while police insist it should be continuous. Which do we follow?” Mr Edward Kihiko asked.

EMPLOYMENT

Mr Ndonga Mbugua, a tout at Elburgon stage said the new rules would give police officers the authority to arrest those misbehaving on the road.

Mr Mbugua, also a driver, said he has the necessary documents required but would not be in a hurry to be on the road on Monday.

"Drivers who have the documents may find themselves in problems, especially if their vehicles do not meet the standards set by the NTSA and police," Mr Mbugua said.

Mr George Kiarie, a tout, said the government should introduce a law in which drivers are employed on permanent basis.

"The Transport Licensing Board indicates the name of the driver and the vehicle. Wherever one loses his job, drivers change vehicles and it is a long process to change the names on documents," Mr Kiarie added.

SUPPORT

Prestige Shuttle director Steve Muli said the sacco has already fitted all its vehicles with belts and speed governors.

“We will also ensure that passengers buckle up before the vehicle leaves,” he said in Nakuru yesterday.

Mr Muli said the sacco has a centralised system that monitors the speed of every vehicle.

Commuters in Nyandarua County supported the crackdown on defective matatus but expressed concern that it might result in exploitation of travellers by crews.

At OL Kalou main stage, Ms Purity Mumbi said the crackdown should be continuous.

“That will defective vehicles are not on the road. It will also inculcate discipline in drivers and conductors. The safety of passengers and other road users will also be guaranteed,” Ms Mumbi said.

She however expressed fears that many operators would ground their vehicles, resulting in raising of matatu fares.

KNEE-JERK

Mr Waweru Kanyi, a conductor, said the clampdown is cosmetic and a public relations stunt.

“To reform the transport industry, government officials should start by arresting and punishing police officers who collect bribes. Many of the matatus are also owned by police officers,” he said.

In Meru County, matatu operators said they are ready for the Monday when the rules will be enforced.

In Embu County, however, matatu crews expressed fears of police officers applying the law selectively.

Neno Sacco deputy chairman Emilio Gichovi said the organisation’s 400-plus has complied with the law and would want to see the enforcers deal with unroadworthy vehicles.

PERMIT

He, especially, took issue with many saloons operating as PSVs when they have not been registered to do so.

“We want to see what the officers will do when the crackdown begins. If they harass even those who have complied with the rules, we will take action,” Mr Gichovi said without giving details.

He added that sacco officials are concerned because vehicles that are not registered to carry passengers usually benefit during such clampdowns.

Mr Gichovi said some of the vans carried passengers even in boots.

“We have no problem with the law provided it is not applied selectively. If we notice such discrepancies, we will take action. Some vehicles whose owners blatantly break the law do not have inspection reports, insurance for passengers or the yellow lines,” he said. .

In Meru, matatu sacco officials blamed police for not enforcing the Michuki rules.

INSPECTION

Meru Matatu Owners Association chairman Festus Mwiti said the saccos has complied with the rules.

“We assure our passengers that the anticipated enforcement of Michuki rules will not paralyse transport because we are compliant. The rules must be enforced to the letter,” Mr Mwiti said.

He said all saccos have been advised to inspect their vehicles at matatu terminals before allowing them to leave.

Mr Paul Arachi of Menya Sacco said officials of his organisation would assist county enforcement officers in stopping the picking of passengers in wrong places on roads.

“Vehicles must pick passengers at designated terminus to allow for inspection by sacco officials. We have realised that vehicles picking passengers along the road do not comply with the rules,” Mr Arachi said.

Most matatu owners have been rushing against time to ensure their vehicles are equipped with functional seat belts, speed governors, uniforms and other requirements.

Reporting by Ouma Wanzala, Macharia Mwangi, John Njoroge, Waikwa Maina, Joseph Openda, Winnie Atieno, Kevin Mutai, Ruth Mbula, Vitalis Kimutai, Victor Raballa, Victor Otieno, Charles Wanyoro, David Muchui, Derick Luvega and Elisha Otieno