Transporters sue officials over yellow school buses order

A group of business people who offer transport services to individuals, corporate and organisations on Thursday moved to court seeking to have the directive to paint school buses yellow be declared illegal.

The 28 business people claimed that the directive which resulted to amendments in the Traffic Act, with regards to safety of children on the roads, was made without consultation and aims at locking them out of their private businesses.

'LOSE BUSINESS'

Through lawyer Samson Kinyanjui, they sued the Interior CS Fred Matiang’i, Education CS Amina Mohamed, Transport CS James Macharia and the Attorney-General.

“From the literal interpretation of the said amendment it is clear that the petitioners would be required to paint all their vehicles despite them being only in use by students eight months a year only few hours of the day yet the rest of their clientele’s use is throughout the year,” said Mr Kinyanjui.

The complainants said they stand to lose in their businesses since their vehicles cannot be hired for other transport services since the directive requires vehicles ferrying school going children to operate between 5am and 10pm.

They claimed that they own a fleet of at least 75 vehicles for their business yet they are now at risk of losing customers who contract them on short term basis for transport services.

They alleged that their list of clientele includes parents who want their children taken to schools, employees picked from home to work to and fro, mourners who ferry their loved ones upcountry and groups attending functions.

They also alleged that if they were to comply, it would mean that they would lose business from other clients who equally contribute to their income.

They further alleged that if they were to opt out of their contractual obligation with parents, it would expose them to massive litigation as well interrupt the school going children’s right to education.

They claimed that the new law also exposes them to harassment from the police and the National Transport Safety Authority’s officers if they do not comply with it.

They also claimed to have sought for redress from various government departments as well the ministry of education but have failed to get any responses.

NTSA

In March, the government warned that it will tow or ground all school buses that are not painted yellow and also gave a leeway to NTSA as well as police officers to crack down on those that do fail to comply.

Regional and county directors of education were also asked to ensure that all school buses are painted yellow as of March 31.

Education Principal Secretary Belio Kipsang had also earlier directed school administrators to keep buses off the road if they do not comply.

The directive came into force in January after it was imposed by the then Education Cabinet Secretary Dr Matiang’i.

The regulation also requires a motor vehicle designated to transport children to or from school, or for any non-school related activity, to be fitted with safety belts designed to be used by children and be driven at a fixed speed limit of 50km per hour.

The law stipulates that other vehicles that regularly transport school children but are not school buses are exempted from the stringent rules but will only be required to adhere to traffic rules.

Any person who contravenes the new provisions commits an offence and will be liable for a fine not exceeding Sh30,000 or imprisonment for a term not exceeding two months, or both.

They business community therefore want that amendment in the Traffic Act declared illegal and that the court should give an interpretation of what comprises of private school transportation.

They also want an order issued barring them from facing any prosecution.