NANDI COUNTY ASSEMBLY 1 OFFICIAL REPORT Wednesday, 25 th July, 2018 The House met at 9:30 am [The Temporary Speaker (Hon. Kipkurui Chepkwony) in the Chair] PRAYER QUORUM Temporary Speaker (Hon. Kipkurui Chepkwony): Clerk confirm if we have quorum. (The Clerk confirmed that quorum was not sufficient) Temporary Speaker (Hon. Kipkurui Chepkwony): Serjeant-at-arms ring the bell for ten minutes. (Quorum bell) (The Clerk confirmed that quorum was sufficient) MOTION OPERATIONALIZATION OF MOTORCYCLE REGULATIONS Hon. Kipkemboi: Thank you Mr. Speaker. I stand to move a Motion on Operationalization of Motorcycle Regulations. Aware that article 189(1) (b) of the Constitution provides that Government at either level shall assist, support and consult and, as appropriate, implement the legislation of the other level of Government, further aware that the National Transport and Safety Authority (NTSA) has set regulations in respect of motorcycles, concerned that the enforcement of regulations is poorly done and has given rise to challenges realised in the management and operations of motorcycles business including and not limited to non-compliance to the set rules, road accidents and deaths, this House therefore resolves that the County Government enforces the following rules against motorcycle riders; That the motor cycle riders; shall not ride or carry a person on a motor cycle without the prescribed protective gear properly fastened, shall not carry more than one person at a time, that loads and passengers should not be carried at the same time, keep the protective gear in a clean, dry and reasonable condition and not carry loads whose width projects more than fifteen centimetres beyond the outside end of the handle bars. I call upon Hon. Rono Emmanuel to second.
2 (Hon. Rono Emmanuel bowed to second) (Question proposed) Hon. Rono Emmanuel: Thank you Hon. Speaker. Allow me to thank Hon. Kipkemboi for coming up with this Motion which I believe is timely in reference to the last recommendation, number five. On my way to the County Assembly, I met a motorbike around Arwos which was carrying a bundle of three meter iron sheets endangering all road users. I have always been thinking about this, I am happy that this Motion is well drafted carrying a long load of three meters on the highway is too risky. The first, bodaboda as it is called in Kenya, is a subculture, it has influenced the Kenyan culture politically, and if you want people who will disrupt a meeting you just hire bodaboda riders. Secondly, it has created a big subculture. I remember Hon. Maiyo Teresa brought a Motion in to this House where bodaboda riders are influencing the sexual behavior of our children. I have heard people complain of bodaboda riders riding away with other people s wives thus bodaboda is a subculture which we must address now or we shall reap the fruits. Another subculture among the bodaboda is that every day we hear stories of someone who has been killed because of a bodaboda, so it is a subculture that we must address. I have always been asking myself why a rider should wear a helmet and not the passengers. I do not know if this is captured because it does not make sense for the rider to wear the protective gear and the passengers are not wearing it, it does not make sense at all! Because in case of an accident you need to protect your head. I hope Hon. Kipkemboi will accept to have that amendment. On the issue of one passenger, at least Hon. Kipkemboi is adopting the culture in Kigali Rwanda. In Kigali Hon. Members, you saw that it is one rider, one passenger and the passenger and the rider must wear the helmet. I think it was not in vain when we went to Rwanda, we learnt something which we must implement. Hon. Members, the reality is, allow me Hon. Speaker to quote the Kiswahili saying Mtego wa panya huingia waliomo na wasiokuwemo. Let me give you an example whether you are riding a bodaboda or not in one way or another it will affect you. The number of accidents reported daily among bodaboda riders and passengers is alarming, how does this affect the Hon. Members? In case of an accident, as every hospital in Kenya now has an orthopedic ward for bodaboda riders and passengers an Hon. Member will be invited to fundraise for an accident victim in a bodaboda accident and we have so many, like in my village we are still paying for a lady who was involved in a bodaboda accident two years ago, she still has a bill of 1.1 million in St Luke s hospital so Mtego wa panya huingia waliomo na wasiokuwemo if we do not pass this Motion, we shall always be prepared to pay huge hospital bills. Lastly, Hon. Speaker is on implementation of this. We have passed so many Motions; it is an issue. How shall we implement this because it is a way of protecting our people? I must admit that I was involved in a bodaboda accident three months ago at Namgoi. My vehicle is still in the garage, the
3 bodaboda rider was drunk and lucky enough he survived with minor injuries. I support this Motion, thank you. Hon. Murrey: Thank you very much Mr. Speaker. I also stand to support this well drafted Motion. This Motion is coming at a time when we are experiencing a lot of accidents which are normally caused by motorcycle riders. We have buried people who have died because of accidents which were occasioned by motorcycle riders, a lot of people have suffered. If you go to referral hospitals especially the Moi Teaching and Referral Hospital in Eldoret, there is a ward which has been set aside for victims of motor vehicles accidents and this is miserable. A lot of our people and Hon. Members have suffered day in day out while conducting harambees which are as a result of these accidents. People have really suffered, their economic lives have been affected negatively because you find that even a family owning small pieces of land are forced to sell so that they can meet the hospital expenses which are as a result of this. When the motorcycle business started a decade ago or so by his Excellency Retired President Mwai Kibaki, most of us embraced it because it was a way of creating jobs but we have seen a lot of disadvantages rising out of this although people are able to reach where they want at a flexible time because of these motorcycles. I support this Motion as it is but we should add something to do with training. Motorcycle riders are supposed to be trained because most of them are not conversant with driving regulations, you realize that even in urban areas they go in a speed of more than 80 kilometers per hour that is very serious! Hon. Rono Emmanuel was able to explain. Namgoi is an urban area and the rider must have been riding at a supersonic speed. I suggest that these people are trained, let us find means of training them. There is a regulation that the motorcycles are supposed to have the lights on throughout the day but you will find one in hundred following that regulation. This Motion I must say is long overdue, it should have been moved several years ago and I thank the sponsor of the Motion because he has brought a very important Motion. I support this Motion in totality, thank you Mr. Speaker. Hon. Morogo: Thank you Hon. Speaker. I also stand to support this Motion, it has been brought at the right time. Hon. Kipkemboi has thought it wise to bring this Motion because most of the issues touching bodaboda sector are recent. For example, I know when motorcycles came into use it brought a lot of economic empowerment to the youth, the Government thought it wise but it has been misused in one way or the other because the riders tend to over speed yet there are some regulations that prevents them from over speeding. I know if the rules can be set aside so that it can be adhered to, we will reduce the number of accidents that occur often. In any case, I know that before one drives a vehicle one must have gone through a training then get a license. The riders should also be checked to ensure that they have licenses before they use the motorbikes, because without it, they are risking the lives of people. As MCA s sometimes we use motorcycles to run some errands and in case you are involved in an accident and you are an MCA it will not be right because we are responsible of making legislations. Concerning the helmets, here in Kenya for example the riders at times carry more than four passengers at once and that is very risky. It is even better when an accident occurs and it is one passenger than the four!
4 There has to be some regulations that will assist bodaboda sector in Kenya, because if you go to other Countries, the rules are being adhered to. For example, we went to Rwanda, the riders are disciplined even in Uganda, how they sit on a motorbike is different but here in Kenya all that is different. If we have two passengers sitting across in a motorbike it will be difficult ride because it will not be well balanced, but the way we sit in Kenya on a motorbike it can carry more than two passengers and I am against that even though it is a source of income for the motor bike owners. I support this Motion which has been brought at the right time by Hon. Kipkemboi. I support, thank you Mr. Speaker. Thank you. Hon. Sing oei: Asante sana Mhe. Spika kwa kunipa nafasi nichangie hoja hii. Nashukuru Mheshimiwa Kipkemboi kwa kuleta hii hoja. Tuna shida nyingi sana kwa mambo haya ya piki piki. Wao hubeba hata watu wanne au watano na hawana chapeo. Jambo linalochangia kubeba watu wengi ni ili wapate fedha zaidi lakini mwishowe huleta madhara mbaya. Nimefanya michango mingi sana. Wajua mtu mzee akiangushwa na pikipiki huwa ni shida sana. Kuvunjika huleta matatizo mengi na huenda akafa kwa vile umri umeenda. Pili, kuna magari aina ya matatu, kuna wanaoitwa utingo ambao hukusanya pesa mwishowe dereva anawaachia gari kuendesha mjini na mara nyingi huleta ajali. Niliona wakati mwingine mwalimu aligongwa hapo karibu na stesheni ya polisi na hadi sasa hivi bado mwalimu huyo bado yuko hospitalini. Hii sheria itachunga watu wetu. Hapa mjini pikipiki huendeshwa kwa kasi sana hadi nashangaa kwani wana matatizo gani? Nashukuru waziri Bett ambaye amekuwa Balozi kule India kwa kukuza vijana karibu hamsini huko Kaplamai kwa kuwafunza jinsi ya kuendesha pikipiki. Ni bora mtu aliye na pikipiki awe na leseni ili kuepuka matatizo. Naunga mkono hoja hii ili sheria iwekwe na ifanyike kwa haraka iwezekenavyo ili ilinde watu wote kuepuka matatizo mengi. Vile tulienda Uganda tuliona sheria inatumika na Rwanda vilevile Tanzania pia na sijui hapa Kenya kuna shida gani? Ni Lazima kama viongozi tuweke sheria ili ifuatiliwe iweze kutufaidi. Ahsante. Hon. Maiyo Teresa: Thank you Hon. Speaker. May I take this opportunity to really thank Hon. Kipkemboi for coming up with this Motion. Honestly, the number of issues that we have over the bodaboda business is enormous and it s actually affecting the society both positively and negatively. The other time we came up with a Motion on licensing of the bodaboda riders. You realize that the riders are very young people from our society. Very young boys and few are elderly men who at least do moderate business. It is timely that it is enforced so that whatever has been said here like carrying one person at a time is actually put to order. You realize that in the morning, if you stand by our roads, you can get up to five children being carried to school by a bodaboda and the only safety that the last child in the bodaboda is hoping to live on is by holding on to the other child! The last one holds to this and the other holds to the other and you can imagine with the distance that child can hold onto the back of the other one. I wish we can include a clause or another point that it should not carry children to school. (Applause)
5 Because honestly, it is endangering and I know the proximity, flexibility and the reliability of these bodabodas in terms of accessing even the poorest roads but the danger that it comes with, is actually a time bomb. Another thing is that among the perpetrators, of rape and early pregnancies are the bodaboda riders in our County. If it is regulated and license be given to those at least above twenty years or even twenty five, it can at least help. We are talking about endangering the boy child. Increased drug abuse and supply is contributed by bodaboda riders. As much as I said they are strengths of bodaboda, the challenges outnumber them. This Motion is timely and I really wish we can make a few amendments before it is passed. Thank you. Hon. Muge Cynthia: Thank you Mr. Speaker. I want to support the Motion by Hon. Kipkemboi. I support it in totality. Thank you. Hon. Gideon Koech: Thank you Mr. Speaker for giving me this opportunity to contribute to this particular Motion. I want to say from the onset that I support the Motion and wish to thank the Hon. Member for Kapsabet Ward for having thought of coming up with this Motion in as far as the bodaboda riders are concerned. I was in the gallery in the last regime and the same Member brought a Motion about reflector jackets. I don t know if it was implemented or not but I must say that I wish to thank him for being consistent in matters related to motor cycle business and it is not by surprise but it is because in his Ward we have the largest number of bodaboda operators. By extension, we come face to face with the dangers associated with using these particular means of transport. I am happy that in the recommendation, in as far as the Safety Act is concerned or regulation, he has indicated that there is need to enforce the policy of carrying one person at a time. This will reduce the dangers associated with having these motor cycle carrying up to five individuals which create risks. My only worry is, is this thing really going to be implemented? Look for instance say keep the protective gear in clean dry and reasonable condition. I don t know how that will be carried out but I agree for it to be used by those who are being carried by these riders, it must be clean. Particularly, am looking at point number five, we have seen riders carrying iron sheets, you would imagine how that would be if there is an oncoming lorry but I must support the point mentioned by Hon. Teresa Maiyo that we need to include a component of some sort of training to this particular riders to understand because if we were to take these recommendations the way it is and place it at their shade, I am sure we will be the first casualties to be accused of trying to kill the business. Carrying one person, making sure there are helmets, reflector jackets, all those are costs that these people in the business might not take it light but we need to ensure that as much as we want to enforce, there should be a component of saying, even on health hazard associated with riding, so that you don t find somebody wearing a shirt or a T- shirt riding at speed of 100 km per hour or so in a motor cycle or even going at that high speed while carrying young children to school. To make matters worse, you will find two or three in front of the rider and some other five behind to make it seven and going at that high speed. It is normally said that they are shield to the rider.
6 I thank the Hon. Member. This will give us, when we approve it, a platform to do discussion over this, make sure we bring up a good framework to be able to ensure that this is enforced and make the business a bit safer for all. I support the Motion. Hon. Chepkoech: Asante sana Mhe. Spika kwa kunipa nafasi hii. Nashukuru Mheshimiwa Kipkemboi kwa kuleta hii hoja kwa sababu hata mimi nilikuwa nawaza cha kufanya kwa sababu wengine hata wanaweza kuacha shule na kuanza biashara ya bodaboda binafsi. Sababu yangu ya kuunga mkono ingawa kuna ambaye amesema---lakini ni vizuri kwanza wafundishwe kujali maisha ya watu wengine. Wafunzwe kudhibiti mwendo wao na sio pesa za haraka. Tuweke hii sheria ili watu wetu wafanikiwe na sio tu bora wapate pesa licha ya watu kufinyika kwa hiyo chuma. Asante sana. Hon. Chepkwony Philip: Asante sana Mheshimiwa Spika kwa fursa ya kuchangia hoja hii ya Mhe. Kipkemboi. Kwanza kabisa, napenda kusema kwamba naunga mkono hii hoja. Najua changamoto ambayo Mheshimiwa hupitia kila siku hadi akaamua kuleta hapa. Tushukuru Mustaafu Mheshimiwa Rais Mwai Kibaki kwa kuleta bodaboda hapa Kenya kwa sababu hapo mwanzo ilikuwa shida kusafiri. Hii imeleta ajira kwa vijana lakini kwa haya yote ingawa imetusaidia, vilevile imekuja na changamoto chungu nzima kama alivyosema Mheshimiwa Teresa Maiyo kwamba ubaya wa bodaboda imezidi uzuri wake kwamba shida tupatayo ni mingi sana. Hivyo basi ni bora kuimarisha sekta ya bodaboda na kuileta katika hali nzuri inayotunufaisha. Kile nimependa ni kipengee nambari ya pili isemayo isiwe imebeba watu zaidi ya mmoja. Mara kwa mara kule mashinani hao hubeba watu zaidi ya wawili ama watatu. Kule hamna polisi njiani ndiposa hao huchukuwa jukumu la kubeba abiria wengi na husababisha ajali kila mara kwa sababu ya utovu wa nidhamu. Naunga mkono hoja hii. Asante. Hon. Ng etich: Thank you Hon. Speaker, for this chance to contribute to this Motion. I thank Hon. Kipkemboi for coming up with this Motion. Though I am a bit worried because so many Motions have been deliberated on in this House but there is no implementation. One, I think this bodaboda issue has brought more harm than good to the community, taking into account that it is the young generation that own these bodabodas. Most of their parents have sold their land for the young people to acquire the motorbikes. If you check keenly, they don t get help, as Members have said, they have caused accidents, though we should make rules, we cannot start a rule that we need a license, it is already there, they should have a license to ride a motorbike, it is enforcement that we do not have, people have sold lands, they have caused accidents, the community is raising medical funds and currently they have hit cars and they beat the drivers of cars even if the motorbike riders are on the wrong, they can kill car drivers. After discussing and coming up with recommendations, who will implement, maybe it is our duty to discuss as a routine because none of the Motions have been implemented. As I support this Motion, let s see if it is possible to implement. I support and thank the mover. Hon. Nyauntu: Thank you for the chance. I have stood a lot of times, I have some things to add. These children going to school using bodabodas, I feel the parents should create a rule that no child should be carried especially lower primary and nursery school children by bodaboda, it is dangerous and if it is a must, they need gears like helmets. If children are carrying mandazi and it
7 drops, they will be tempted to jump and pick it, the rider will not notice. Secondly, we should not talk about speed, they need speed governors, limited to 50 KM/H let them have speed governors, even if there are mistakes, they won t be bad injuries, the passengers should have their own helmets on, otherwise they may end up sharing with people who have skin diseases and contract diseases. Thank you I support the Motion. Hon. Chepkemei: I support this Motion. First may I comment the mover of the Motion for doing good work by looking around and knowing what was happening within his area of jurisdiction. I have seen in the prayers, it is purely what we learned in Rwanda, now that he has come from Singapore, we are yet to see more, most bodaboda users are women, most of the injuries are about the bodabodas. The Member from Kosirai has questioned implementation, we will task the enforcement of the executive with the mandate because if we entrust this to the police, it will not bear fruits, let us use the Nandi County Executive. They should be trained to regulate the compliance for bodabodas, we will achieve more results, I truly support. It is interesting that selling land to buy motorcycles is increasing poverty than reducing. Most of the young riders brag about them and normally say my father s plot is faster than yours. I believe it does more harm than good, once motorcycle is broken they sell land again and they do not bring money home. I support and I hope Hon. Koech Gideon will ensure this is implemented. Temporary Speaker (Hon. Kipkurui Chepkwony): Right of reply. Hon. Kipkemboi: Nasimama kushukuru waheshimiwa kwa kuunga mkono hoja hii. Madhara mbaya ya bodaboda yamezidi. Kuna siku mahabusu walikuwa wanarudishwa korokoroni waligongwa njiani na pikipiki pale Mosobecho na dereva wa bodaboda aliyekuwa akibeba mbao. alimgonga mtoto pia aliyefariki papo hapo. Hapa Kapsabet, sheria ya barabara haifuatwi ndio maana nikaleta hoja hii. Yafaa tusaidiane na wanakamati wa Kamati ya Utekelezaji. Kuna hoja nyingi ambayo hayajatekelezwa. Wanakamati hao wameshindwa na kazi yao inafaa tulete hoja nyingine ya kuwaondoa afisini. Wakati mwingine ukichelewa kufika hapa na unapata pikipiki ama gari limefungwa kwa barabara. Kuna sheria ya Mamlaka ya Usafiri na Usalama Barabarani 33 ya 2012 inayohusu uhamisho wa leseni inayofaa kufuatwa kwa sababu imewekwa. Pia kuna kamanda wa polisi hapa Kapsabet ambaye hajawahi kutoka nje ya afisi kufanya kazi. Mambo ambayo yanaendelea katika mji huu nitawaletea habari. Kwa mfano, kuna wale wanaokusanya pesa na kuwapa walio ofisini, ndio maana hawatoki nje. Uamuzi wangu wa kuleta hoja hii ni kwa minajili ya kupata jinsi ya kwenda kwa ofisi ya trafiki, kwa afisi ya utekelezaji wa sheria za trafiki ya Kaunti hii. Kuna siku Gavana alitembea na gari lake ndogo, alifika kwenye duka la Naivas, nusura gari lake ligongane na pikipiki. Kuna waendesha pikipiki ambao hubeba mabati inayozuia barabara nzima, nataka tulipinge hilo. Kuhusiana na watoto wa shule, wanapata madhara kiafya hasa kwa wale wanaovaa kaptura. Kuna baridi, inafaa wazazi wawajali watoto wao. Yafaa tufanye kazi kuwasaidia tunaowawakilisha. Niliona mazuri nchi ya Rwanda, hakuna pikipiki inayobeba abiria zaidi ya mmoja. Hawavunji sharia. Kubeba abiria wawili ni hatia na huvutia kifungo cha miezi sita na ndio maana watu hutii
8 sharia kule. Katika nchi ya Singapore pia, kuna mahali pa kubebea mizigo na abiria mmoja tu. Kule waendesha pikipiki ni wasafi ilhali hapa Kapsabet waendeshaji hawaogi, hawana chapeo, machozi ikimtoka dereva inamwendea habiria. Hapa nimeona kama ni magonjwa itawapata na ni heri tuwajibike. Juzi tumekuwa na Mhe. Kirwa Robert, waendesha pikipiki wakipata shida kidogo, wanafanya maandamano, kama shida ni yao na hata hawangalii njia. Inafaa tuwafundishe sheria. Nina picha ambayo nilileta kutoka Singapore inayodhibitisha kwamba usiku sheria inafuatwa. Hapa tuna taa usiku lakini wakisimamishwa hawasimami. Inafaa umri wa kuendesha pikipiki iwekwe, kwa mfano usiruhusiwe kuendesha gari na kubeba abiria kabla kufikisha miaka 30. Pia tuhakikishe kwamba kamanda wa trafiki anafanya kazi. Watu wengi wamekuwa viwete kwa sababu ya ajali za bodaboda. Kuna pia wale kina mama ambao wana uzani kushinda waendesha pikipiki, ikisimamishwa wanaanguka. Kabla ya kuabiri pikipiki, inafaa abiria aongee na mwendesha piki piki kwa sababu labda amelewa. Tuhakikishe tunajua hao ni akina nani, wengi wao wametumiwa sana kufanya uhalifu wanabeba abiria mara ya kwanza, ya pili na ya tatu wanakuibia. Naomba tupitishe hoja hii. Asanteni. Temporary Speaker (Hon. Kipkurui Chepkwony): I proceed to put the question. (Question put and agreed to) ADJOURNMENT Temporary Speaker (Hon. Kipkurui Chepkwony): The House is adjourned to the next session at 2:30pm. (The House rose at 10:40 am)