The ongoing so-called crackdown on “public transport” is causing lots of hot air. Kenya does not have a “public transport” system by that name to be sincere. We have private industry investments in the public transport system, regulated somewhat by public law and the policing agencies, the ministries responsible somewhat, and then some privately regulated and owned societies. We have to be truthful and factual.
As a traveller to most countries in Europe, America and also Africa, Kenya is a far cry from what could be considered a “public transport” system. Pick a country abroad, wherever you choose, and you will see my point.
All transportation, whichever town you live in, has a public metro or equivalent public bus, public tram, public train or some such public mechanism, or a combination of all, to take you from home to work. Private transportation involves only two ways: first, hiring a yellow taxi, or driving your personal motor vehicle to the workplace.
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ENFORCING THE LAW
To be real, Kenya’s corruption is the problem in policing our roads to enforce law, order and regulations, not the so-called matatu menace. And it starts with the enforcers of law and order, who are the police. Any historian of Kenyan ancestry will tell you for free that the government let the dogs out a long time ago!
Having worked in government, the problem is dealing with structural and systemic corruption, not to mention systematic abuse of office by the rank and file in the policing agencies, mostly the so-called traffic officers.
Without undermining the role of police in public safety and security in Kenya, this commentary is not turning a blind eye to their inefficiency and abuse of policing powers with widespread abandon.
This week, many Kenyans will suffer by trekking tens of kilometres to their workplaces. Many Kenyans will be exorbitantly charged an arm and a leg in the transportation fares to reach their respective destinations. This even though many do not have the wherewithal to find such kind of money to pay the fares to their workplaces, since the Kenyan economy is in bad shape.
Looking forward, there are strategic and policy choices that could be made to deal with the madness witnessed this week. First, the Interior Cabinet Secretary must relinquish the shoutout that there is a need for public space and nutrition in prisons for culprits of traffic offences, which in many instances do not attract sentencing by courts.
Second, the same Cabinet Secretary does not require to publicly shame the transporters by threatening drivers, touts and sacco company executives with arrests, as he possesses no such powers to begin with.
The constitution is crystal clear that such a Cabinet Secretary cannot order the Inspector General of Police to undertake arrests of persons who have violated the law. That is contemptuous of the constitution, however favourable the decision looks like.
Third, there is need for stakeholders’ involvement in the processes leading to the new rules and their enforcement, since those rules have not been subjected to public participation, in accordance with the constitution. Most importantly, we have a situation where two Cabinet Secretaries, that of Interior and that of Transport, have issued directives, which may be well-meaning but are not subject to the constitutional imperatives.
Fourth, in this largely unregulated or even under-regulated industry, Kenya needs a viable, suitable and sustainable solution. Within this point, there has been talk about sincere “public transportation” systems, led by the railway, trams and also public buses. These still remain a pipe dream.
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Kenya cannot turn into Europe or America overnight. Without guarantees of this nature, no sane government officials can boldly address these matters without causing friction with the public, as witnessed this week.
ACCOUNTABILITY
Sixth, Kenyans need to invest in enforcement of the law. Recently, in September, the President launched unequivocal changes in the policing system. That was, indeed, laudable. However, laws exist but they are rarely enforced.
So who should be held accountable or liable when that fails: matatus or police? Both. That is why when enforcing directives that are not based entirely on the law, the Interior and Transport CSs need to clean up their own cup, before cleaning others’ cups. The weakest link in terms of enforcing the law is the police. Period.
Seventh, when dealing with lack of enforcement of the law, this is a matter of public interest. Corruption, extortion and bribery on Kenyan roads are the single most problematic situations facing us. Even with the week of the crackdown, not much of the so-called “public transport” system was spared from extortion. Evidence is galore. No one should dispute this. Even those allowed to operate ‘legally’ parted with bribes and extortions from the policing system.
Eighth, while many Kenyans supported the enforcement of the traffic rules in 2003, then under the banner of Michuki Rules, Kenyans are currently apprehensive of supporting the government, which is clearly enforcing rules without public engagement and will. The cost of the transportation system, coming in the wake of evident public poverty and inability to meet the basic needs of Kenyans, compounded by police extortion, is very clear this week.
Finally, while not advocating for the lack of the enforcement of the rules, especially those that are based on law, there is need for a clear dialogue. Kenyans are walking to work. Students doing the 2018 secondary school examinations are trekking to school. University students are walking to colleges. Kenyans in general are paying hefty fares, way beyond their means, to reach their various destinations, whether school, work, farms, business or anywhere.
The economy will surely slide down, and with it, a lot of jobs. This eventually will affect nutrition for all, manufacturing of products, universal health care for all, and of course, food production, which relies on manual labor — all of which are based on Kenya’s “public transportation” system!
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FINAL WORD
While supporting the enforcement principle of the traffic rules to save lives, and strict adherence for other reasons, therefore, this commentary states from the rooftops that the strategic and policy options are many to deal with the same crisis, which has become a common feature when policing agencies and the transportation industry hit a deadlock.
All options have not been explored. Coming in the wake of the launch of the Internal Affairs Unit of the police last week, which is supposed to be the internal accountability mechanism, and the existence of the six-year-old Independent Policing Oversight Authority, there is need to explore possibilities of policing agencies that are not enforcing the law as required.
Also needed is policy and strategic intervention, which is based on thought-out laws, policies, strategies, legislation, not to mention government institutions, not just mere directives, which evaporate as suddenly as they appear. Eventually, the government, if it is for the people, by the people, and of the people, will budge. Time always tells.
DISCLAIMER: The Author, Tom Kagwe J.P., is a political scientist with experiences in governmental systems of security and transportation. These views are personal and hence do not reflect any institutional affiliation.