There is more to road carnage than speeding PSVs

Wahome Thuku

Nairobi Chief Magistrate Gilbert Mutembei has a principle of no leniency for drivers who cause death by dangerous driving.

In the recent past he has sent several matatu drivers for up to four years in jail without the option of a fine for killing pedestrians and cancelled their driving licenses.

Apparently, Section 46 of the Traffic Act allows him to jail such a driver for up to 10 years and cancel the licence for up to three years. Still, many rogue drivers are still zooming around causing fatal accidents.

This is why Transport Minister Chirau Mwakwere is being demonised over a decision to do away with speed governors for some vehicles. Whether he is wrong on that, Mwakwere is right in deciding to target all drivers abusing the law on speed.

Many private motorists and law enforcers believe only PSV drivers should check their speed. As Traffic Police crack down on speeding buses, private cars will often cruise past at twice the allowed speed.

Section 42 is the Act that governs the speed at which motorists should drive. That law especially requires everyone to observe a maximum of 50kph within trading centres, townships, municipalities and cities. Yet many drivers cruise at 100kph at Nairobi city centre and other towns.

Owner liability

And contravening this provision only attracts a fine of between Sh200 and Sh2,000. The law also requires that even where a matatu driver is liable for speeding, the vehicle owner should also be held liable if he has permitted it.

The decision not to inspect speed governors should be one thing while tightening traffic laws and rules is another. One way should be either to remove the fines so that drivers convicted for speeding go straight to jail. Another alternative would be to raise the fine to very punitive levels.

The other way would be to educate the public on traffic law. Many drivers learn from bitter experience.

The writer is a court reporter with The Standard Group.