UNREGULATED BODA BODA RIDERS MUST BE TAUGHT THE LAW

 UNREGULATED BODA BODA RIDERS MUST BE TAUGHT THE LAW

By

Veronica onjoro

PhD student Mount Kenya University

P O BOX 324 

Thika

ABSTRACT

The unregulated boda boda industry has become a popular mode of transport in rural, urban and peri-urban areas. It is flexible, reliable and affordable. Boda bodas provide employment to many poor Kenyans, especially the youth. This has entrenched the sub-sector as a major part of the economy. The number of boda bodas had risen to more than two million as at May, 2020. This attributed to the zero-rating of motorcycles below 250cc.

The sub-sector is faced with a myriad challenges which means the national and county governments must think beyond Covid-19 to ensure the riders continue to play their part in building the economy.

For instance, boda boda operators continue to violate the directive to carry one passenger at a time, a measure the government had hoped would help achieve some level of social distancing. Some of them do not even wear masks or sanitise.The study was done in Mombasa,Nairobi,Eldoret and

 Kisumu.The study used both qualitative and quantitative methods. Over 150 residents were interviewed in towns and in the rural areas. Results of the current investigation raise important questions for further inquiry. Findings from these cross-sectional data provide justification for further studies aimed at sensitizing the community and government and security personnel on the need to rein in the boda boda riders.

Key words

Boda boda,motorcycles,violate,passenger,employment

INTRODUCTION

The national and county governments must address growing concerns about crimes committed by some boda boda operators or people masquerading as operators. In Nigeria the bodaboda riders are called Okada riders and are a law into themselves.The sub-sector is notorious for causing road accidents and deaths with impunity, which is compromising public safety. The  boda boda riders are to blame for a number of social ills. A  survey report by Africa Community Access Partnership carried out in June 2019 called ‘Enhancing understanding on safe motorcycle and three-wheeler use for rural transport’ indicates a majority of the riders are untrained, have no licence, no insurance and are not members of any association.The riders have become a law unto themselves,thriving in lawlessness and openly defying traffic rules.The National Crime Research Centre says 38 per cent of boda bodas are aged between 22 and 26, some 30 per cent are in 18-25 age bracket while 20 per cent are aged 34-41.

They have little regard for other road users’ right of way and ride on pavements and footpaths designated for pedestrians. This situation has been attributed to the fact that the sub-sector largely operates with minimal regulations and control, weak registration, policing and oversight. The sector is dominated by youth with family obligations, most of whom have little schooling. The ripple effect is the creation of “armies” of young men organised through informal associations complete with a chain of command for easy mobilization that thrive on lawlessness. This has become the most attractive segment of society for politicians.

As the 2022 General Election approaches, no politician can ignore the lure of a big number of organised young men with motorcycles that can move around, attract crowds through their noise and cause chaos.Those graduating from college and universities need jobs thereby increasing the country’s high unemployment rates.So dire is the situation that many hospitals have set aside wards specifically for victims of motorcycle accidents, which are on the rise.Authorities must shift focus to this sector. The government must examine the existing control measures to establish their effectiveness and ways of strengthening them.

There is need to have a structured training programme for the riders, unique identification badges, mandatory insurance policy cover for both rider and passenger and a sacco for the operators.

What we have is a situation where riders train one another. Looking to make quick money, some begin transporting people and goods even before they grasp the basics of road safety; this has resulted in increased and unprecedented  road accidents and deaths.A  survey report by Africa Community Access Partnership carried out in June 2019 called ‘Enhancing understanding on safe motorcycle and three-wheeler use for rural transport’ indicates a majority of the riders are untrained, have no licence, no insurance and are not members of any association.

PURPOSE OF THE STUDY 

Boda boda riders are operating with minimal regulations and control, weak registration, policing and oversight.There is need to have a structured training programme for the riders, unique identification badges, mandatory insurance policy cover for both rider and passenger and a sacco for the operators. Most politicians buy young people motorcycles and some have no experience of riding and have no insurance.

STATEMENT OF THE PROBLEM

Boda boda riders can unfortunately be easily morphed into vigilante groups that can be used to terrorise opponents or cause violence. That is the danger politicians courting boda bodas.The riders rarely follow traffic rules while on the road.They jump traffic lights, ignore orders from police, ride on pedestrian walkways and change lanes as they wish. If you are unlucky to get involved in an accident with one, you will pay, whether you are on the wrong or right.Cases of motorists being harassed by boda bodas after an accident with one of them have become so common that citizens have accepted it is a way of life.The clergy have on two occasions organised prayers of two different roads because of deaths by boda boda.Four young men were given a boda boda and as a result of excitement went drinking and as they were riding unfortunately they all died.Boda boda have killed and maimed many young people in our community through ridding.When an accident occurs and they are involved,tens of them can appear at the scene in seconds, baying for blood and some end up burning vehicles involved with them in accidents even if they are at fault.According to the National Crime Research Centre, the most prevalent boda boda offences are causing death by dangerous riding at 79 per cent, stealing (76 per cent), breach of public order and creating disturbance (66 per cent), robbery with violence (52 per cent) and possession dangerous drugs (49 per cent).Other crimes committed by boda bodas are drug trafficking (42 per cent), murder (38 per cent), kidnapping (26 per cent), defilement (17 per cent), cross border smuggling of goods (15 per cent) and handling stolen property at 12 per cent.The riders rarely follow traffic rules while on the road.They jump traffic lights, ignore orders from police, ride on pedestrian walkways and change lanes as they wish. If you are unlucky to get involved in an accident with one, you will pay, whether you are on the wrong or right.The boda boda riders take the law into themselves when they accost a person suspecting of stealing their  motorbikes or other ills and can kill without evidence.

METHODOLOGY

A

descriptive study design was employed in this survey. This enabled the

researcher to study phenomena. The present study was exploratory and

was appropriately executed through a descriptive survey. Survey research is a

self-report study which requires the collection of quantifiable

information from a sample. The study was done in Nairobi,Kisumu,Eldoret and Mombasa County which were quantified and

analysis drawn on the basis of proportions. This research design was found

to be suitable for obtaining information in the Universities and the

inferences derived from this study are appropriate because the variables

are known and can be used to further the interest of Universities

in Kenya. Experts in the field were also contacted.

The data was based on a sample survey design conducted through administration of 

questionnaires. Instruments for data collection were questionnaires and 

interview,newspapers,articles,Journal and internet. Data was analyzed using 

frequencies and percentages.Data collection was

through the use of structured closed ended questionnaire, interviews, magazines

and journals.

RECCOMMENDTION 

It recommends careful consideration be given to the most effective legal framework for allowing motorcycle and three-wheeler taxis to operate on low volume rural roads, without leading to their unmanaged use on highways and in urban or peri-urban areas. This may involve the use of local by-laws. Driving schools’ capacity to operate in rural areas should  be increased, for example through the provision of local government bursaries.

The government should, for instance, require that motorcycle and taxi riders belong to associations, supported and overseen by local administrators. Enforcement should be applied gradually, supported by sensitisation.The distinction between training and sensitisation must be understood. Sensitisation has a role to play but is no substitute for training. Efforts should be made to reduce the risk and severity of crashes, including through training and use of personal protective equipment, especially 

helmets.

CONCLUSION

The registration of boda boda riders should be done like the one of huduma.The sub-sector largely operates with minimal regulations and control, weak registration, policing and oversight.There is need to have a structured training programme for the riders, unique identification badges, mandatory insurance policy cover for both rider and passenger and a sacco for the operators.Each rider must posses a number with its location.Failure to which the one who does not have should be arrested as there are many rogue boda boda riders who commit robberies and theft and have no known location.Each location should have a leader who can give an account of a rider as some ride both day and night while others engage in crime.Driving schools’ capacity to operate in rural areas should  be increased, for example through the provision of local government bursaries.The government should require that motorcycle and taxi riders belong to associations, supported and overseen by local administrators. Enforcement should be applied gradually, supported by sensitisation.The distinction between training and sensitisation must be understood. Sensitisation has a role to play but is no substitute for training. Efforts should be made to reduce the risk and severity of crashes, including through training and use of personal protective equipment, especially helmets.