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Sunday, 2 October 2016

Killer matatu remained on the road NTSA' knowledge of faulty gadget

SUNDAY OCTOBER 2 2016

A police officer views the wreckage of the matatu that was involved in a road accident on Lang'ata Road on September 25, 2016. Copies of the inspection report show that the matatu obtained the compliance certificate to continue operating even though its speed gadget did not have required data. PHOTO | WILLIAM OERI | NATION MEDIA GROUP
A police officer views the wreckage of the matatu that was involved in a road accident on Lang'ata Road on September 25, 2016. Copies of the inspection report show that the matatu obtained the compliance certificate to continue operating even though its speed gadget did not have required data. PHOTO | WILLIAM OERI | NATION MEDIA GROUP 
By NYAMBEGA GISESA
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The Ongata Rongai matatu that was involved in a fatal accident last Sunday had been cleared by the Motor Vehicle Inspection Directorate in questionable circumstances only two days before the crash.
Documents seen by the Sunday Nation reveal that the matatu, KCG 784M, was given the all-clear despite details of its speed governor showing that it was being used by three other vehicles.
Copies of the inspection report show that the matatu obtained the compliance certificate to continue operating even though its speed gadget did not have required data.
It was also discovered during the inspection that the seal on the speed governor was missing, indicating it had been tampered with.
On Saturday, motorists plying the Ongata Rongai route accused officials of the National Transport and Safety Authority (NTSA) and traffic police officers of receiving bribes from matatu operators to turn a blind eye on faulty vehicles.
“When you give Sh200 in the morning, they look the other way despite the number of defects your vehicle may have. NTSA officials are expensive as they demand at least Sh2,000 bribe or retain cash bail so that you are not taken to court,” an official of one of the matatu saccos plying the Rongai route told the Sunday Nation.
Matatu operators on the Lang’ata/Rongai/Ngong routes have also claimed that NTSA officials demanded bribes.
However, Enock Agwara, an advocate for the NTSA, disputes the claim that the authority’s officials receive bribes from operators of unroadworthy PSVs.
“NTSA follows the law in dealing with errant matatus. There is no other way,” he says.
There are also allegations that influential individuals who own the matatus often threaten traffic officers.
On Friday, officials of the Ongata Line Transporters moved to the Transport Licensing Appeal Board to appeal the cancellation of their operating licence.
“My clients have decided to go to court because they were not granted a hearing neither were they given notice of the intended action before their licence was cancelled,” Mr Peter Omingo, Ongata Line’s lawyer, said.
DRUNK DRIVER
But the hearing failed to kick off after lawyer Jeremiah Nyakundi, appearing for Kiserian and Ongata Rongai Residents Association and Kajiado North Citizen Participation Forum, and advocates appearing for NTSA protested. 
They said Mr Omingo had not served them with a list of witnesses he intended to cross-examine. The matter was put off to Tuesday.
Investigations by the Sunday Nation have found that the NTSA had, on several occasions, raised compliance issues with the matatu sacco.
According to NTSA, in the last six months, over 30 of the vehicles registered under the sacco have been involved in serious traffic offences.
In a letter, Ongata Line officials claim that they notified NTSA officials about the matatu that had an accident.
NTSA claims that Ongata Line failed to maintain a safety management system, a customer complaints handling system, an inventory of the equipment and facilities available to the operator of the PSV and a list of all staff members.
On February 29, 2016 at Co-operative University, the sacco’s vehicle, KCG 206F, was involved in an accident which resulted in the death of two students and injury to 33 passengers.
When National Transport and Safety Authority conducted investigations, it found that the driver of the vehicle was under the influence of alcohol.
In a meeting held on March 3, 2016, the transport and safety authority issued a final warning to the sacco to ensure that its members complied with Public Service Vehicle Regulations.

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