REGULATIONS

Lobby group roots for regulation to end sexual harassment in Matatus

A 2021 Women and Public Transport report revealed that 80 per cent of women using matatu report undergo verbal, sexual and emotional abuse form of harassment.

In Summary

•The code of conduct is anchored on the Constitution of Kenya 2010, Sexual offenses act, Traffic act amongst other regulations and policies of the government.

Nairobi commuters in a queue at Gill House waiting to board matatus back to the estates on April 15.
WAIT WAIT WAIT Nairobi commuters in a queue at Gill House waiting to board matatus back to the estates on April 15.
Image: FILE

A lobby group wants a code of conduct adopted to end sexual harassment in public transport.

This comes amidst an increase of complaints raised by commuters who have encountered sexual harassment while using public service vehicles.

The Political Leadership and Governance Programme Alumni (PLGP), a lobby group for public goods on Tuesday held a media engagement plan forum towards the adoption of the Public Transport Code of Conduct.

In the past, there have been numerous incidents reported in connection to sexual harassment from matatu touts and conductors.

Early this year, police in Nairobi arrested 50 touts for spanking female commuters and other sexual harassment offences such as indecent touching, verbally or intentionally rubbing their bodies against the passengers.

In December 2021, a report revealed that 80 per cent of women using matatu report undergo verbal, sexual and emotional abuse forms of harassment.

However, only one per cent of the actions taken after incidents of harassment led to the perpetrators being apprehended,

The report, Women and Public Transport in Nairobi also indicated that only one per cent of the actions taken after incidents of harassment led to the perpetrators being apprehended.

Assistant Supritendent of Police Boniface Otieno of Nairobi Metropolitan Services on June 15, 2022
Assistant Supritendent of Police Boniface Otieno of Nairobi Metropolitan Services on June 15, 2022
Image: Melinda Kirwa

PLGP Chairman, Danish Odongo says that they want NTSA to adopt the code of conduct as a model code for public transport.

This is because NTSA requires matatus to have a code of conduct. The code of conduct entails obligations for duty bearers, law enforcement officers, matatu crews, and matatu users.

It also provides responsibilities on decent work issues being that the matatu industry is an informal sector that requires the provision of decent work as per the employment policy.

The code of conduct is anchored on the Constitution of Kenya 2010, the Sexual offences act, and the Traffic act amongst other regulations and policies of the government.

Assistant Superintendent of Police Boniface Otieno of the Nairobi Metropolitan Services, said there is a need for matatu bus stops to be regulated.

There exists a symbiotic relationship between matatu operators and these touts as bus stops accommodate them. According to the Nairobi City Transport Act 2020, touting is illegal and these touts are not covered and recognized by the law,” he noted

Otieno also stated that according to the laws of Kenya Cap 403 it does not give an opportunity for anyone to be harassed, whether male or female, as sexual harassment is not specific to gender.

He also highlighted queuing at bus stops as a key factor in the promotion of sexual harassment.

Going further, The National Transport and Safety Authority Manager Safety Strategies Samuel Musumba said that the matatu industry has made a lot of improvements in terms of investments majorly.

The only issue affecting the matatu sector is behaviour, from excess speeding, passengers not wearing seat belts to even neglecting to follow the laws when using roads,” he said Musumba.

He stated that the code of conduct enhances the rules and regulations that are already in place and the approaches are in collaboration with Matatu owners and other PSV service providers.

Diana Owuor, a PLGP alumni, spoke on the need for protection at night now that we are embracing a 24-hour economy within the country.

Quoting the Bible, she also added that evil hides in darkness hence the need to protect individuals that are using public transport at night.

NTSA Manager Safety Strategies Samuel Musumba addressing the forum on June 15, 2022 at Western Heights in Westlands
NTSA Manager Safety Strategies Samuel Musumba addressing the forum on June 15, 2022 at Western Heights in Westlands
Image: Melinda Kirwa

Matatu Owners Association Secretariat, Irene Nyambura Githiga mentioned that they are training matatu drivers and conductors on matters of road safety.

The matatu industry is an informal sector hence we do not have entry requirements for drivers and conductors. We would like to get entry points for drivers and conductors since anyone who has no means of income can just get a license and start driving matatus without qualifications,” she added.

Director National Youth Council Ashura Michael said that the government should come up with regulations to reduce incidents on roads as well as reduce traffic snarl-ups in the CBD.

Persons living with disability go through a lot in matatus. I might board a matatu and sit at the front and the conductor asks me to move to the back but I am unable to hear and the conductor doesn’t know that,” said Ashura.

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