New rules for PSVs won’t do much to end road carnage

It is still inexplicable why the Jubilee Government found it necessary to come up with new traffic laws instead of throwing its weight behind the implementation of the old ones popularly known as the ‘Michuki rules’. The only plausible theory is that the new team at the helm of the transport industry believes it knows better that its predecessors. Or it wants to put its own stump on the sector.

But, perhaps the answer might be found in the fact that although the public service vehicle (PSV) operators opposed the Michuki  rules, which succeeded in bringing a level of sanity on the roads, they have embraced the latest ones. Unfortunately, the tough rules were not allowed to run their course following the 2007 elections when the late minister was moved from the interior to the environment docket.

Cynics might be forgiven for concluding that the operators have given their backing in return for reducing competition — because one of the clauses in the new traffic rules prohibits individuals from owning PSV vehicles. Under the new rules, only companies or Saccos with at least 50 vehicles will be licensed to ply their trade on Kenyan roads.

It is hard to see how this would reduce the carnage on Kenyan roads, considering that the bulk of the traffic accidents are caused by vehicles that are part of fleets operating along designated routes and owned by companies and Saccos. The argument that it would be easier to hold such owners to account for the offences committed by their drivers is a lame one, to put it mildly. After all, it is common knowledge that the main reason behind the rising roads carnage is the laxity of the entire law enforcement mechanism.

The rot can be traced back to the issuance of driving licenses to unqualified drivers, a breakdown of the inspectorate department of the Ministry of Transport and the venality of the key individuals working in these institutions. That ensures that by the time drivers with questionable driving licenses and inspection certificates come into contact with the traffic police, they have just about compromised everyone along the way.

The result is that the PSV operators include the amount of money they expect to pay every step of the way long before their vehicles get on the road. Sadly for the thousands of Kenyans who die in accidents annually, the traffic policemen who should provide a bulwark against abuses perpetrated at the Transport Ministry prove to be the weakest link. They do not even wait to be offered a bribe. They demand it, sometimes what in their own parlance—on anyone else--amount to menace.

This means that the country is not in need of new rules or laws to curb the carnage on the roads when what is lacking is the political will to enforce the existing ones consistently and impartially. The political will should also mean a readiness to sack and prosecute all the individuals involved in the breakdown of the system right from the issuance of driving licenses.

Kenyans  are not impressed by the fan-fare that accompanies the announcement of new rules. Their interest is the taming of road accidents.