Recent newspaper reports attributed to Chief Justice Willy Mutunga that Kenya is in the hands of cartels are real and must be taken seriously.
In an interview with Dutch newspaper NRC Handelsblad, Mutunga was quoted as saying these cartels control every level of government and collect millions of shillings daily. He said their influence is overwhelming as they have penetrated every sector. Soon they will take full control of the media and we will be doomed.
These cartels influence the creation of regulatory bodies, lawmaking, policy changing, public appointments and even who gets elected. Kenya is making new laws, changing rules and policies faster than it is developing. The many bodies created daily do not add value to the taxpayer's life. They are meant to give certain people the opportunity to make money while making life difficult for the taxpayer.
Every newly appointed public officer first looks for an opportunity to use his new office to become rich overnight, a fact known to these cartels. These cartels then arrive with money-minting proposals as junior officers pay courtesy calls to gauge their new boss before they present schemes and introduce the controllers of money-making centres in the organisation. Many of these cartels even sabotage good schemes meant to make the lives of citizens easier such as the Huduma Centres.
When the Kenya National Highways Authority was formed, they introduced ridiculous rules to make money at toll stations. They banned four axle trailers, claiming they damage roads. Scientifically, the more the wheels the safer the roads, but this had to be done so goods exceed the axle load limit.
There are many goods that are indivisible but must be transported by road and yet exceed the axle load limit! Whenever these cartels see a thriving sector they raid it, create rules or a regulatory body where possible and start fleecing Kenyans.
When the matatu sector looked good, they discovered they must share this loot with traffic police and matatu owners and, hence, the National Transport and Safety Authority was born. They came with the ridiculous matatu sacco rule, which is used to punish hundreds of crews for the mistake of one. Of course this improves the size of the bribe.
When, recently, the judiciary and police agreed that traffic offenders will be given free bonds by the roadside except those that would continue to pose a risk to other road users, the cartels included speeding because it is the cash cow.
Yet the NTSA has not reported any improvement in road safety. They are now telling us it is private motorists causing accidents without reporting any reduction in the 'now-tamed’ public transport sector.
They are yet to explain why they think a matatu sacco should be punished for the offence of one matatu, or how a motorist is expected to drive without exceeding the speed limit even by one kph and why this offence must take a driver to the police cells if he cannot pay cash bail. The NTSA’s budget can do better things for the Kenyan motorist.
Recently the Kenya Ports Authority sought to control where importers store uncleared goods – Container Freight Terminals. After a hue and cry from stakeholders they suspended it, to probably await an opportunity to convince the Transport CS or the President that this is a good thing and the complaints by a few saboteurs sponsored by the opposition will die down.
With the whole government in Mombasa recently they got the opportunity and resurfaced with the new rule, quoting the government, citing security, port congestion and tax leakage. These would be valid if they were the real reasons rather than logical sounding excuses.
The importers have been negotiating with the owners of CFSs to allow for long stay of their goods as they arrange for clearance or simply get discounts as in all business. It will soon emerge that some faraway newly built CFSs have ‘negotiated’ with KPA bosses to be given business for a fee and so all Kenyans who depend on the port must suffer.
Odoyo Owidi is chairman of Luoland Dialogue Initiative.
