HUSSEIN KHALID: Freedom of movement violated

Freedom of movement
Freedom of movement

This week Kenya became a walking nation. People from all corners of the country were caught between government’s insistence on full implementation of the Michuki Rules and the matatu sector’s demand for more time to comply. Millions of commuters were left stranded at bus stops and on roadsides.

This meant that all other sectors were affected due to the limitation in movement of people and goods. KCSE exam candidates were late for their exam, nurses could not reach hospitals to attend to the sick, while farm produce could not reach the markets and supermarket shelves for people to buy and consume. Besides these serious inconveniences, it is estimated that the country lost hundreds of millions in revenue as a result of the stalemate. In essence, as the government and matatu sector haggled over public transport, people’s freedom of movement was violated, leading to various other violations and damages.

The government has a duty to protect citizens from all forms of danger and exploitation. While it is right to insist on respect for the law by the matatu sector, the government should have considered its citizens and put in place measures to cushion the public.

For example, the government should have stationed National Youth Service and/or the Kenya Defence Forces buses in strategic areas. It should have made provisions to get KCSE candidates, medical staff and key professionals to their destinations. In enforcing the law, the government must always be considerate of its people first. If enforcing the law will lead to serious breach of practice and peace, then government must put safeguards to defend public order.

Further, Kenyans want this zeal to enforce traffic rules extended to other key issues, including fighting corruption, extra-judicial killings and enforced disappearances. The government should be committed to enforcing all laws equally. Not just those that appear to give its officers a quick shilling.

For the public service vehicle sector, it must be communicated clearly that no one is above the law. Every person and sector must fully abide by the rules. While the argument to be given more time to comply is reasonable, it must also be understood that there is nothing new in the law and the owners should have been compliant anyway as the laws have been the same for years. It was inconsiderate to withdraw vehicles and leave Kenyans stranded.

Instead of calling for a general strike, PSV owners should have reached a compromise to support those that had met the requirements to continue with work while the rest would be facilitated by their saccos to comply. They should have been more sensitive to the public and considered that there are groups of people who are crucial or vulnerable and would be greatly affected by the strike. The sector’s strike failed the students who missed exams, the medical staff who failed to show up for work on time, as well as Kenyans at large.

As we look into the future of public transport, it is time for the government and the matatu sector to consider modern, safe and efficient modes of transport. The persistent challenges in the matatu sector are evidence that there is need for an upgrade. As a country, we cannot continue to rely on matatus as the only means of public transport, particularly in cities such as Nairobi, Mombasa, Kisumu and Nakuru. Doing so is exposing the public to perennial violation of their freedom of movement.

New, modern public transport ought to be considered. In this regard, Haki Africa is proposing that the government contemplates partnering with the matatu sector to introduce reliable, mass rapid transport. In major cities of Africa such as Cairo, the underground train is the major mode of transport.

From observations, Haki Africa is proposing a state–private partnership, between government and the matatu sector, to usher in this new era of public transport. Kenyans deserve better. Both the state and the matatu sector can do better.

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