Nowhere to hide for wayward boda bodas in clampdown

boda boda riders Milimani Law Courts

Some of the boda boda riders who were arrested during a crackdown in Nairobi on March 8, 2022. They were charged at the Milimani Law Courts and fined Sh35,000 each for flouting traffic rules.

Photo credit: Dennis Onsongo | Nation Media Group

Boda boda operators could soon be sailing through rough seas indeed after President Uhuru Kenyatta Tuesday ordered a crackdown, saying the government will not be seen as being in bed with criminals hiding in the sector.

The crackdown which began on Monday night in Nairobi following widespread condemnation by Kenyans after a video of a woman being sexually harassed went viral had by last evening spread to other towns and cities, netting at least 500 riders.

A cross section of Kenyans had criticised the government’s laxity in regulating the sector.

A report issued by a task force formed in 2018 by Interior Cabinet Secretary Fred Matiang’i and a bill by Ruiru MP Simon King’ara that is supposed to create a law that will tame the industry are gathering dust.

Speaking during the International Women’s Day celebrations yesterday, President Kenyatta said boda bodas don’t have a license to commit crimes.

“I want to refer to the video circulating. It was disheartening ... I have ordered a crackdown on all boda boda operators starting here in Nairobi and moving across the country,” he said.

“Operating a boda boda business is not a licence to engage in drive-by shootings, and it most definitely is not a licence for you to strip our women [of their dignity]. We want to support our boda bodas, but even these women are your customers. Treat them with respect,” he said.

Fresh registration

President Kenyatta also announced the beginning of a fresh registration process for the operators in a bid to curb crime.

“We are going to re-register you (boda boda operators) all over again and we must make sure that we safeguard women. I have instructed the law enforcement officers to use instruments within the law to punish these perpetrators.”

As the President spoke, police with the assistance of county government law enforcement officers swung into action, arresting any boda boda operator they could lay their hands on over traffic-related offences.

Nairobi was the worst affected, as over 200 boda boda operators were arrested and presented in court Tuesday morning, some for traffic offences while others on suspicion of being involved in sexually harassing the female motorist in a video that went viral on Monday.

This is as the Nation learnt that the police recorded the incident in the station’s Occurrence Book under OB number 28/7/3/2022 on Monday despite the incident having happened a few days before and in the presence of a traffic police officer. Acting Nairobi police boss James Mugera declined to comment on this anomaly.

“The investigations are already ongoing and the suspects will be taken to court,” Mr Mugera said.

The OB states that the victim, a foreigner, was driving from Gigiri to Parklands when, on reaching Barabara Tano, she got involved in an accident with a boda boda operator.

Sexually assaulted

“Suddenly, a crowd of boda boda riders gathered and attacked, accusing her of careless driving. They sexually assaulted her and robbed her of an i-phone 6 valued at Sh130,000,” the report states.

Among those who were arrested on suspicion of taking part in sexually harassing the woman are James Mutinda, who operates motorcycle registration number KMDX 183J, Samwel Wafula Mswahili (KMEJ 864Q), Charles Omondi (KMFZ305K), Japheth Bosire (KMCF 963Z), and Hassan Farah (KMFB 894P).

Others claimed to have been in the group are Lincoln Kinyanjui, Joseph Ngugi, Lenson Njururi, Harison Maina, Benjamin Ngure, Ignitius Chitekha, Martin Maina, Shadrack Ambia, Shadrack Kioko, Cliff Oyoro and Joseph Kivue.

Fined

The suspects spent the night at Gigiri Police Station and were handed over to the Directorate of Criminal Investigations (DCI) office in Parklands for interrogation. They were later arraigned before Senior Principal Magistrate Esther Kimilu, who slapped them with fines ranging between Sh30,000 and Sh35,000 each.

Their motorcycles were, however, detained in various police stations awaiting inspections before they are allowed back on the roads. This is a lengthy process which could take a number of weeks at best.

The government was quick to clarify that the ongoing crackdown should not be seen as targeting small businesses, but to restore sanity in the sector. Statistics show that boda bodas are the biggest cause of accidents in urban areas due to their reckless driving and lack of training.

Additionally, boda bodas are increasingly being used to commit crimes, carry out political mobilisation and to cause chaos due to their mobility and ubiquitousness. They often operate as if they are above the law.

“I know we are in the busy season of politics, and some will say the government is harassing small business owners. [But] there is no such thing,” said President Kenyatta.

“We have heard many heroic stories of boda bodas who have helped women and girls. We support this. But that is not a licence for you and your motorbike to go harassing pedestrians and chasing them from the pedestrian walkways,” he said.

Mr Kenyatta also gave the illustration of neighbouring Rwanda where the operators are disciplined.

“For those of you who have had the opportunity to travel to Rwanda and [its capital] Kigali, it is not that they do not have boda bodas. They have so many of them just like we do, but [the operators] are disciplined. All we are asking them [boda boda operators in Kenya] is to be disciplined and we shall support you,” he said.


Reporting by Vincent Achuka, Ndubi Moturi and Mary Wambui