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"id": 294659,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/294659/?format=api",
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"type": "speech",
"speaker_name": "Mr. Kathuri",
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"speaker": {
"id": 38,
"legal_name": "Emilio Mureithi Kathuri",
"slug": "emilio-kathuri"
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"content": "Thank you, Mr. Temporary Deputy Speaker, Sir. The Michuki Rules which were introduced in 2003 were very important in this sector. But unfortunately, because of the disconnect that was created by the three Government Ministries namely the Ministry of Local Government, the Office of the President and the Ministry of Transport we never realised the fruits of those rules. The rate of accidents went down but shot up immediately thereafter simply because the three Ministries never synchronized what was supposed to be implemented for us to achieve our objectives. However, when I look at the new Bill, I see that it is also not very clear on what role will be played by what Ministry. At the end of the day, this will create a lot of confusion. When we see the Traffic Department report to the Commissioner of Police and yet the rules come from the Minister for Transport and those rules are controlled by the local authorities, there is a lot of confusion. We do not achieve the objective at the end and it makes it very difficult to improve road safety. When I look at the other issues that ought to have been attended to, like the issue of the 14-seater matatu, the ones which were previously 18-seater, I do not see them being mentioned. We should have them phased out rather than have public declarations in the streets by politicians. We need to see a clear phase out arrangement. As much as we know that we cannot allow them to operate, we also know that there are some areas where the 14-seater matatu cannot be replaced by bigger capacity vehicles. There are some areas where to get passengers to fill a 14-seater vehicle takes a minimum of between 30 minutes to 40 minutes. What would happen if you subjected the passengers or commuters to bigger capacity vehicles? It would mean that they wait for about three to four hours. In the same areas the 14-seater matatu are being threatened by the so-called “Probox”. I find it very difficult for us to ignore that issue while debating the Traffic (Amendment) Bill. Whichever way we look at it, these are issues that must be addressed for us to achieve our objective. Mr. Temporary Deputy Speaker, Sir, the issue of instant ticketing was introduced in the Finance Bill way back in 2009. This was a solution to the massive corruption that exists on our road. However, to date, it has not seen the light of the day. I wish this Act would also incorporate that. I intend, at the Third Stage, to introduce the various proposed fines so that they can be impressed in the Act so that every time a driver commits an offence, it is properly tabulated how much he or she should pay and administratively either KRA or the banks or whichever agents can be used to collect the fees or the fines. That way, we would reduce corruption. However, if we leave this to the discretion of the magistrate, the Judiciary, or the Traffic Police to determine what fines to be imposed on an offender in specific crimes, there will be too much leeway which will definitely create many loopholes which have always been exploited. If you went to the High Court today faced with an offence of obstruction, you will find yourself paying a fine of Kshs10,000 and another person paying Kshs1,000 or Kshs3,000. If you look at the circumstances surrounding the fines that have been imposed, you will see some loopholes which they either exploit at the lower levels or the higher levels. It is important for us to clear that. However, while addressing this, it is also important for us to know the areas we would like to see traffic rules being followed to the letter. In some rural areas, we do not have roads yet you still find police officers going there to enforce rules. Everybody in Kenya knows that the vehicles there are lorries. How do you expect lorry drivers to obey rules? We see police officers on that road, but we do not see people being charged in court. We are wasting human resources! We would rather have those officers manning roads that are motorable. It should not be a question of going to the bush to collect money under the pretext of enforcing traffic rules. Mr. Temporary Deputy Speaker, Sir, these are some of the issues that make me feel reluctant to support this Bill as it is. However, with the amendments that I intend to introduce at the Third Reading, it will be easy for us to ensure that we have a Traffic Act that is realistic. It should be one that will make us realize our goals. It should be friendly and also ensure that road safety is entrenched properly. I expect to see a South African model where the stakeholders are involved. They need to be entrenched in the Act. As of now there is no way the stakeholders are assisting the Government in crafting and enforcing these rules. They have been left out completely. How do you expect the enforcement agencies to fulfill what the Act intends to do without involving the stakeholders? In South Africa, stakeholders are properly recognized in the law. That way, enforcement becomes very easy. The issues of over speeding, overloading, unroadworthy vehicles and so on can be sorted out by the stakeholders and that way reduce the burden on the Executive to employ more police officers to go and enforce what is very easy to enforce. Mr. Temporary Deputy Speaker, Sir, I do not see why this should be very difficult. I believe that it is very easy for the Government to introduce those amendments. It should not be difficult for this Bill to include these amendments. That way, we will get a Traffic Act which is easy to operate, is realistic and friendly. With those many words, I oppose the Bill."
}