New transport rules effective April 15, says judge
A judge has said matatu operators are off the road because they did not carefully read High Court orders specifying April 15 as to when the new Transport regulations would be effective.
Justice George Odunga Tuesday said that the public service vehicle operators never went to work because they failed to “carefully read his orders.”
“How can I give conservatory orders seeking to challenge the enforcement of the rule yesterday and then give the same orders today (Tuesday)?” Justice Odunga said.
He said that a regulation 16 was the underlying order of the court.
The regulation says that the rules by the Cabinet Secretary of Transport requiring all public service vehicles to comply with the new installations of speed limiters and data storages should come into place on April 15.
CASE PENDING HEARING
Justice Odunga said that this is pending the hearing and determination of a case in which the matatu operators have moved to contest the regulation obliging them to install the gadgets which they say are not available in the market.
Lawyer Nduati Charagu, for the matatu welfare association said that the gadgets are not available in the market.
“Only 6,000 public service vehicles have been installed with these gadgets. We have 100,000 vehicles more to be fitted.”
He accused the government of “purporting to enforce the rule while they have not provided us with enough gadgets”
Mr Charagu said that some of the matatus went as early as March 25 and 26 but were not fitted with the safety gadgets “because they are not available in the market for now.”
According to him, the government should first provide the gadgets and then be in a position to ground matatu operators if they failed to comply.
“The enforcement of the directive by the Cabinet Secretary is infringing on the rights of the people who have invested in the matatu business. It is in total disregard of the law,” Mr Charagu said.
The directive that matatu operators should comply with outlines that all operators must have in place a fleet management system capable of recording speed and location of the vehicle at any one time.
The rule requires that the epic mass transportation of animals and cargo is charged as an offence and that only drivers certified by the transport authority are allowed to drive Public Service Vehicles.
“Ensure or subscribe to an accident and emergency mutual aid system,” the regulation by the transport ministry reads.
Further orders will be given as the case continues Wednesday.
