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CAMPAIGN AGAINST GOVERNMENT REINTRODUCTION OF TOLL ROADS.

(Association broadcast)

Kenya National Highway Authority (KENHA)’s furtive attempts at privatisingKenya’s mainly international trunk roads is now a poignant reality. Road tolling (Pay & Use) is to be introduced on 4 already built major public highways for a total period of 80 years. Thika Superhighway 40Km, lease: 10 years, Southern Bypass 29Km, lease: 10 years, Mombasa-Nairobi highway 466Km, lease: 30 years. NBI (Rironi) - Nakuru- Mau Summit section 184Km, lease: 30years and second Nyali Bridge 2Km Mombasa, projected to cost 2 Billion. The amount required for the 5 roads 721Km is estimated at 307Billion. These roads will be managed at Ksh5/Km for 90 years. A brief look at the amounts involved is truly mind boggling:721Kilometres Total Toll roads x a toll charge of Ksh5x 1Kilometre= Ksh 3605 (one way) x 2 = Ksh 7210 (two way).

A motorist who does the 721 km circuit daily will pay Ksh 7210 x 1(1day) x 7(a week) x 4(a month)x 12(a year) x 90years = Ksh 218,030,400 

It is conservatively estimated that a total of 290,000 matatus, Lorries, cars, buses, pickups cover the 721 to be tolled kilometres one way. Therefore the same number doing a return journey would net our Public-private partners 290000 vehicles x 2 (two way) x Ksh 218, 030,400= More than Ksh 126 trillion. Divide this with the 307 billion 90year lease: 126000000000000/307000000000= 411.91411074918566775244299674267.Approximately 400% profit for our necessary partners!Thika road, for example, at aKsh 5 /km charge x 40km x 100000 vehicles per day x 2(round trip) x30x12x10years lease will be 14.4trillion.A trucker ferrying a container from the port of Mombasa to Mau summit via the Southern Bypass and back would pay, 466+29+184x5x2= Ksh6790, A NBI MSA bus/private motorist will pay 466kms x2x5=Kshs4660 

The government hopes to unlock Ksh 380 Billion annually x 90 years and get a total of Ksh 34.2Trillion for the development of new roads. 

As indicated in our recent press conference, MAK is totally opposed to Toll roads. Toll Roads were abolished in the 1980’s and replaced with Road Maintenance Fuel levy Fund at Ksh 18 paid upfront at the pump. Needless to say, a litre of petrol is charged Ksh 42 in taxes. The introduction of Toll Roads can only aggravate the pain of the already overburdened multiple taxpaying motorists.These roads, like others, were built with taxes and loans.This 18th-centurypractice of Tolling roads (Turnpikes) then was Build Operate and Transfer (BOT). The concessions were given to private investors with the objective of constructing urgently required roads and bridges where there were none and when governments could not meet the expense. This cannot be the case in Kenya where roads are already constructed. The practice has progressively become so unpopular that countries the world over are seeking more viable alternatives. For instance, the only Toll road in England is M16. Kenya can only be driving the wrong way in the wrong manner by privatising roads. A further extension to the existing road network and maintenance of the same can be easily and systematically be realised through the diligent collection of taxes from motorists, not knotty Public Private Partnerships PPPs deals. The excuse that the targeted roads will not be subjected to RMLF is just that, an excuse.

Toll roads, as currently constituted and intended, are discriminative and an impediment to freedom of movement, constitutional rights.

 Quick action is imperative since the Ministry of Roads & Infrastructure’ s meeting atSafari Park on 16th /17th November 2016  ratified toll roads and only swift decisive  act can reverse this.

 Acquire the yellow Ribbon and a NO TOLL ROADS Sticker for Ksh 100  (Till 992288) in support of our NO TOLL ROADS campaign. The money you contribute will support Court action, Picketing, peaceful protests, Stakeholder forums/Press Conferences (already did one, Saturday 13th November 2016, San Valencia, Anniversary Towers, NBI) petitions and extensive lobbying .Your transaction details will be required to get your Sticker and Yellow Ribbon.

The yellow Ribbon and NO TOLL ROADS MAK Sticker are available at SPINNERS WEB Westlands and other designated places country wide. Display them conspicuously on your vehicle as a loud proclamation of your PROTEST! UNITED WE STAND

 

MAK Office Communique 

 

NO TOLL ROADS REASONS IN A NUTSHELL

Toll Roads are Public built

 

Toll roads are Fuel Levy  

 

Toll roads are Double Taxation

 

Toll roads are Discriminative

 

Toll roads are an impediment to freedom of movement

 

Toll roads are Regressive.

 

Toll roads by means of Private Public Partnerships are Corrupt

 

Toll roads Not public Roads

 

Toll Road? SGR is Mombasa-Nairobi Dual Road

 

Toll Road Not Naivasha-Nakuru; Dual with tax money.

 

 

A BIG NO TO ROAD TOLLING

Kenya National Highway Authority intention to reintroduce toll road is not only unacceptable but absurd. The idea of Toll roads was viable in Europe on the justification to build roads and bridges where there were none. Build Operate and Transfer was the spirit.  In Kenya we do things differently; there are already built roads and she has the capacity to build more. Yet the scheme to privatise some public roads seems to finally emerge. Privateers will, after the Safari Park PPP meeting revert our tax constructed highways to private property- for 30 years. This notwithstanding past bizarre experiences where public roads were illegally shut. 

The collusion to privatise public roads and road reserves are aimed at creating the mega business to well-connected merchants at the expense of the subservient Kenyan populace. Charging roads that are already built using public money is tantamount to robbing or snatching public utilities. The constitution advocates for freedom of movement and privatisation will curtail that right. There is no urgency in dualising Mombasa-Nairobi Road since most of the trucks are to be replaced by SGR waggons. From Nairobi to Naivasha congestion is not dire to require the urgent upgrade. From Nairobi towards Limuru, there are other alternatives which ease the Traffic that is Limuru Road, Uthiru Rironi and Southern Bypass. From Rironi the channels again are two that is Rironi Kinungi and Rironi Mai Mahiu. The section that urgently needs a dual road is Naivasha – Nakuru- and Nakuru – Mau Summit. This can be done in sections by normal tax payer’s money instead of giving out the only remaining public utilities to road merchants. The idea of building the better road for the well-healed minority is discriminatory and segregationist. As an association with membership with a deep interest in this issue, MAK wishes to demand that the government stops the unpopular retrogressive idea or do at own peril. Putting toll booths on already complete roads is a big no and motorists will never allow that to happen. The Road Maintenance Levy Fund which was doubled from Ksh 9 to Ks18 is sufficient to ensure all roads are in good condition. The arguments given by Principal Secretary during the Norfolk Hotel Stakeholders meeting organised by KENHA are not convincing.  Thus the excuse to charge a toll to maintain already built roads is unsellable.

The government must stop taking Kenyans for granted. 

Signed

Felix Wekesa- 

Communications Officer

Motorist Association of Kenya

 

 

THE ONGOING CRACKDOWN DIRECTED BY NTSA IS REACTIONARY AND DIVERSIONARY

National Transport and Safety Authority knee jerk reactions all the time many Kenyans die on the road, fails to address the real fundamental cause of record high road crash fatalities. The agency has developed a tendency of sweeping under the carpet government contributory negligence & failure a major factor in worrying road fatalities. The government only sees the speck in motorist’s eye but does not see the log in its own eye.  

Read more...
 

                                                                                              14/8/2016

Reason Why NTSA Crackdown Will Never Succeed.

The ongoing crackdown directed by NTSA is reactionary and diversionary.  National Transport and Safety Authority knee jerk reactions all the time many Kenyans die on the road, fails to address the real fundamental cause of record high road crash fatalities. Only after a multiple fatality crash that the head office is jerked to issue hidebound statements equal to ‘locking the paddock too late when the horse has already bolted.’ The agency has developed a tendency of blaming drivers wholesomely while intentionally sweeping under the carpet government contributory negligence & failure, itself a major factor in worrying trend of road fatalities. The government only sees the speck in motorist’s eye but does not see the log in its own eye.  

Main reasons why the agency’s crackdown efforts are not succeeding:-

Poor Road Design

 It is myopic trying to hoodwink Kenyans that road crashes are caused by driving factor only. The half-truth is, dishonestly misleading.

Open secret is bad roads cause 50% of all crashes. “Does truck drivers get mad only when they get at Salgaa black spot, or other badly designed ‘black spots’ such as crisscross junctions dotting the highways and many road defects?” A kindergarten kid will tell you the colonial old-fashioned two way traffic, where vehicles meet each other is cause of all the deaths not to mention traffic snarl-ups. The killer roads ought to have long been replaced with dual roads. Trunk roads and major highways are begging for delayed upgrade. NTSA statistics do not factor engineering defects that are too steep unmarked bumps, unmarked roads with no sign posts. If the Transport Authority data is factual, where are statistics of crashes caused by potholes which break vehicles and cause head-on collisions? Lack of bus stops make PSVs obstruct roads countrywide. Failure to design pedestrian walkways is the reason the vulnerable road user top fatality and serious injury table. It is not rocket science to recognize that, properly designed roads dividing users can greatly reduce carnage.

Our old design roads are too narrow, dotted with potholes, bushy sides with sharp corners. Vehicles are wrecked by these roads despite vehicle owners paying inflated unaccountable road taxes for maintenance. Kenya Road Board KRB have relegated the role of road building to exploitative cowboy contractors who build road surfaces that cannot withstand one rainy season. Many roads are just un-vehicle worthy.

State Official Graft.

Another major factor that will continue to ensure NTSA road safety efforts fail is rampant office sanctioned corruption.                                                                                                                                                                    It a sad eventuality that NTSA has been accused severally of demanding higher bribes than police in speed trap roadblocks.

Driving Licenses are bought over the counter (BOC). You pay Kshs 1500 to get a genuine license which is delivered by officials’ agents at the comfort of your office desk without requisite tests. Speed governors companies are registered by NTSA to provide tamper proof gadgets yet we see vehicles with valid stickers not only exceeding 80Kph limits but clocking speeds above 100 Kph.  

See no evil tell no evil, overlapping and dangerous stunts are a daily occurrence generally in City roads. Riding in full knowledge of enforcement agents, many Boda boda riders have no COC licenses negating fair crackdown which addresses everything that causes accidents.

Other Dangerous Road Users ignorance

  Most Pedestrians do not have basic knowledge on road safely. Sample this: Basics of crossing a road; Look Right, then left and right again, if the road is clear cross quickly and do not run are known by a mere 10% of pedestrians only. Where to cross, how to walk along the roads and so on. Many do not know that children below 12 years are not supposed to use any road unaccompanied.

There is no policy or enforcement directing, tricycles, tuk tuks, mopeds and invalid carriages are not allowed on any highway.

It is not rocket science to recognize that, properly designed roads dividing users, greatly reduce carnage.

Counterfeit Parts & Spares

Counterfeit substandard spare parts and tyres are dumped in the country. The same fail with calamitous consequences.

Government Agents duplication of roles

The presence of NTSA and Police on roads is not only illegitimate but superfluous. The Law is clear on this. It is the work of police to control traffic flow, ensure road safety, enforce traffic law and attend to accidents. Any other agency as warned by Hon. Maina Kamanda the Chairman of Parliamentary Committee on transport only brings in confusion and usurps the role of police. NTSA should stick to licensing and boardroom policy mandate. The duplicity explains why there is road accident surge since police no longer take responsibility for the confusion.

Motorcycle & Tricycle menace

Indiscipline shockingly is perpetuated by unpredictable boda boda with abandon. Unlike the vigour directed to private cars, matatu and Lorries, this category enjoy shameless impunity, repeated in the eyes of unassuming shadowy NTSA and Police. This double application of enforcement is wrong.  From speeding idiotically inside town crowds, riding on wrong side of the road, not giving way on main roads, overlapping on left side, doing shortcuts on roundabouts, and not wearing safety gear, their ‘essential’  operations are the cause of many avoidable deaths and injuries.

Bus and matatu Body Design

Local vehicle assemblers and body builders contribute immensely to road carnage. Buses and matatu are built on lorry chassis with so high centre of gravity. The seating arrangement is made to carry many passengers at the expense of safety. Stretching mini bus chassis also interferes with front axle wheel base traction grip. Strangely Kenya Bureau of Standards do not have correct standards or are negligent on enforcement. Windows are positioned next to commuters instead of top to prevent direct wind. This is not the case with imported buses which have respectful correct chassis and seating specifications of carrying public passengers.

Driver Error.

Driver error is mostly due to a slipshod driver training, lack of honest enforcement, fatigue, speeding at wrong places and novice drivers who handle heavy commercial vehicles. The worst side is organized cartels who pay upfront protection money to break law. Such drivers break laws in the presence of enforcement officers without fear. Driver attitude caused by the country corrupt nature self-centered nature of I, Me and Myself.

 

Unsatisfactory Speed Traps

Speed traps are set on open roads where accidents rarely happen for purposes other than road safety. Setting limits also where there is bumps such Kinungi and Thika Road is punitive since the illegal bumps slows vehicles anyway.

The crackdown should, therefore, be stopped until the government addresses the irregularity. 

By Peter Murima

Chairman – Motorist Association of Kenya

 

NTSA Private Car Inspection Ill-advised

National Transport and Safety has failed once again. This time on intention to inspect private vehicles. As a representative body MAK in 2014 registered vehicle owners opposition to the draconian idea. The agency in total disregard to public plight intend again to force inspection of private vehicles, a transgression to privacy.


The aim of the unilateral decree is highly suspicious and obvious. It is anyone’s guess as to which sectors contribute to highest fatalities and serious injuries. Who can believe that private car owners (mostly white colour professionals) are more dangerous than the Boda boda and matatu category? Truth be told the agency has failed miserably in mandate to ensure safe roads (3 057 fatalities- 2015) but they are very good when it comes to revenue generation targeted at the already overburdened vehicle owner. From failed cashless PSV platform, corruption riddled inspection of commercial vehicles, flopped speed governors, unilateral policy formulation, failed interagency liaison, illegal erection of political bumps on highways to now unacceptable inspection of best self-regulated private vehicles the agency will have itself to blame for failing in its cardinal mandate to make roads safer.

Owning a car is a no mean achievement. If a private vehicle owner can afford a car, maintain it, fuel it, insure it, pay parking and runaway motor taxes and security, he doesn’t need someone to lecture of prefect him again on how to ensure their vehicles are safe and in good condition. Most private car owners are dignified professionals, good managers in their field of specialization; doctors, lawyers, lecturers, engineers, journalists, renowned business people name them, who are good managers in their own right. Belittling and talking down such persons in our middle and affluent classes is to underrate the country’s intelligence. Government agencies must now be stopped from going overboard to deny motorists their constitutional motoring freedoms in their unpersuasive guise of road safety.

The agency should come out clear that their intention for the inspection is purely an avenue to raise revenue and not road safety.

Insurance companies inspect condition of cars every year which is sufficient means to ascertain roadworthiness. Police also check vehicles they suspect to be un-roadworthy and that also works well.

At motorists association we are not going to sit a watch as our members are subjected to myriad illegal tax collection schemes. We shall go to any lengths be it judicial, political petitions, or even industrial action. 

 

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Our Contacts

Motorists Association of Kenya

P.O BOX 8120-00200

Tel: 0723 779950

Email: info@motoristassociationofkenya.com

Web: www.motoristassociationofkenya.com

 

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