11/10/2018
NTSA - THE MASTER OF BLAME GAMES
As I see it - by Samuel Makori
Yet another horrific accident occurred on Kenyan roads when a 67 seater bus belonging to Western Cross Sacco, crashed along the Londiani-Muhoroni road.
The death toll has now risen to 56.
NTSA Director General was quick, as usual, to issue pressers and statements blaming everyone other than himself and his organization for the crash.
Mr. Meja started by blaming the Judiciary for lifting the ban on night travel and rounded it off by blaming the operators/owners of the ill fated bus.
In his eyes the NTSA can do no evil.
On New Year's day this year, a bus operated by the Nairobi Bus Company crashed on the Nakuru - Eldoret Highway killing 36.
Immediately, the NTSA in their reactionary knee jerk manner issued an immediate ban on night travel by long-distance buses.
This was not the first time NTSA was issuing such a ban having done so in 2016. The ban was later dropped.
A Court in Nakuru (Hon. N. Makau) while considering the import and effect of the NTSA Act stated categorically that the law did not prohibit night travel.
The learned Magistrate declined to admit a charge under Section 89 of the Criminal Procedure Code against some 13 drivers who had been arrested for driving passenger vehicles at night.
Earlier this year activist Okiya Omtata went to court to challenge the most recent NTSA ban, terming it discriminatory.
The High Court has from time to time while the said matter is pending extended orders suspending the ban.
However can one simply place the spare of the deadly accidents on the simplistic explanation that it has been caused or as a result of night travel?
No doubt that may be causative but I would suggest that this would be too simple an explanation. NTSA must take full responsibility for failing to rein in the Public Transport Sector.
The main functions of the National Transport Safety Authority are as outlined in Section 4 of the NTSA Act and they include:
1. To advise and make recommendations on matters relating to road transport and safety
2. To implement policies relating to road transport and safety.
3. To ensure the provision of safe, reliable and efficient road transport service.
It is therefore clear that the NTSA has a clear, unequivocal and critical role in the management of the road transport sector.
The following disturbing facts emerge from yesterday's accident;
📌 The Driver of the ill fated bus [aged 72] had driven the same bus from Kisumu that day.
The driver was thus completing a second journey covering over 800kms within a 24 hour period.
It is not clear whether he was assisted at any point.
📌 The bus in question is said to operate only at night and has no booking office or known address raising questions on the efficacy of the NTSA to keep a data base of licensed and operating PSVs and monitor rogue operators.
📌 The driver is said to have reached Westlands and turned back to the Machakos bus terminus to pick more passengers after receiving a call of potential passengers.
Again, this could not have happened had the driver and the bus company known that it would have been impossible to pass through the loads while overloaded.
📌 The roof of the bus was ripped off on impact, suggesting that the vehicle did not meet the specifications for Public Service vehicles in terms of their structure.
In sum, the questions that the NTSA must face and answer are numerous.
â–ªIn respect of the present accident the bus originated from the Machakos bus terminus.
The said terminus operates on a 24 hour basis. It is one of, if not the largest bus terminus countrywide.
Has the NTSA taken measures to have Inspectors from it's Directorate stationed there permanently to carry out spot checks and determine the viability and safety of the vehicles leaving the termini?
â–ªWhat measures have been taken to ensure that general acceptable guidelines are enacted and enforced in respect of night travel?
â–ªAnyone using the Londiani route will attest to the various road blocks along the route.
That a bus licensed to carry 67 passengers ended up carrying as many as 15 more is worrying.
How effective is the partnership between the NTSA and the Police in enforcing set down traffic rules and regulations?
In the end the NTSA cannot keep pointing fingers at others.
It must look inward instead of outward and determine whether it is meeting it's mandate under the law.
With the impunity witnessed on the roads and the resultant carnage I dare say that it has fallen well short of it's legal purpose.
