LETTERS: Stick to the law when enforcing traffic rules

There are serious gaps on how traffic related policies are formulated and administered. A case in point is the ongoing enforcement of the Michuki rules. The other day, a private vehicle was flagged down for inspection. The driver was told to produce a set of life saver triangles, first aid kit and fire extinguisher, which he did.

To his surprise, he was further asked to produce a towing rope. He had none. It has never been a requirement before he pleaded. A WhatsApp message purportedly from a senior officer was produced and its contents brought to the attention of the driver. He ran out of options, his was either budge to set credo or get booked to appear in court.

Kenyans are in a dilemma. There seems to be two sets of traffic rules. One that is published, predictable and known to the public and an amorphous one that seems to be privy only to law enforcers.

Tellingly, the ongoing crackdown has expose a system that is out of touch with the governed. It’s disruptive, lacks clarity, is discriminative and haphazardly administered. It’s one that lacks enforcement guidelines, controls or procedures.

Introduced fourteen years ago, the Michuki rules instilled a new thinking in management of public transport sector. Initial resistant by sector operatives’ then, halted commuter services for a short while before complying as government was unyielding. Wanjiku had to walk for long. That was her ultimate price to restore sanity to the sector. Since then, slowly by slowly the sector has crept back to its old ways in shape and ways owing to laxity in rules enforcement and corruption.

All the same, rekindled vigilance isn’t a ticket to cripple the sector and more so disrupt Wanjiku’s way of life. Article 47 of the Constitution provides for a fair administrative action, one that is expeditious, efficient, Lawful, reasonable and procedurally fair. And further guarantees that no right is infringed.

With approximately 80 percent of Kenyans relying on public transport daily, there should be consistency, reliability and predictability to the sector.

Free movement of people and goods is vital in economic growth and development. A crackdown approach only disrupts public order and threatens livelihoods.

Law enforcement agencies should in essence device mechanisms that are friendly, proactive and accommodative. Alternatively, set some bare minimum requirements for a start and progressively embark on others.

The role of Sacco’s also needs to be reviewed. Most of them lacks capacity to oversee fleet operations thus the need to empower them, make them more vibrant and responsive to the needs of those they serve by strengthening their internal mechanisms to supervise compliance to rules and procedures. Again, let’s be conscious of public transport commuters. Prudence would have it that PSVs inspection be done before they are allowed into terminus and a special sticker provided for ease of re-inspection while on the road.

This way Kenyans will be assured of predictability, dignity and continuity while on the road.

Crippling of a sector so important violates the very purpose and functions that any law serves. Namely establishment of standards, maintain order, resolve disputes and protect human rights.

Kiragu Kariuki, public policy and administration expert, Nyeri.