Members of Parliament are moving closer to passing legislation that would hand the National Transport and Safety Authority (NTSA) powers to regulate fares charged by public service vehicles, ending decades of unchecked pricing by matatu and bus operators.
The NTSA (Amendment) Bill, 2023, sponsored by Kimilili MP Didmus Barasa, seeks to amend the NTSA Act to allow for policy guidelines governing what passengers can be charged. If passed, the Authority would gain the power to validate and approve PSV fares and give commuters a formal channel to report operators who overcharge them.
The proposal would place Kenya alongside countries including Ghana, Ivory Coast, Rwanda, Tanzania, Cameroon, Fiji and Germany, all of which regulate or set minimum public transport fares.
During the debate in the House, the majority of MPs backed the proposal, arguing it was time to impose order on a sector long dominated by unpredictable pricing. Barasa was blunt in his assessment of the status quo: “We cannot continue encouraging a banana republic in Kenya where transport from point A to B is not predictable. We cannot have a country where fare is dictated by the weather and the number of people at a stage,” said Mr Barasa. He added: “We cannot leave Kenyans in the hands of cartels.”
Drawing a parallel with existing state controls on commodities such as sugar cane and fuel, Barasa said transport users deserved similar protection.
“A Kenyan who left his house with Sh100 as fare does not know what he will pay in the evening. This Bill will bring equity, order and allow Kenyans to effectively budget,” he said.
Kesses MP Julius Ruto framed the Bill as a matter of public interest, saying: “We are saying, we can have an organised entity… we are looking at that common man who must survive, eat and live.”
Tigania West MP John Mutunga pointed to the asymmetry in how fare changes track fuel prices.
“We have seen cases where fuel prices increase and fare goes up but when fuel decreases, fare does not come down. Matatus can’t be allowed to change fares as they want,” he said, adding: “Where circumstances have changed, we must have a mechanism of reviewing the changes. In Europe and America, the fares are cheaper because they are regulated.”
Dagoretti North MP Beatrice Elachi acknowledged the political sensitivity of the issue but insisted it needed addressing. “I know it’s a live wire to touch because of politics, but we have to do it for the future,” she said. “Something must be done, we must have regulations to guide them even though they are our voters, they are our sons and daughters and we must guide them.”
Elachi also called for crew conduct to be brought under the same regulatory umbrella, saying: “The practice of throwing people out when they don’t have fare must be stopped.”
Nominated MP Sabina Chege said consumer protection was overdue. “In countries where there are these regulations, there is decency. Public dignity is a must,” she said.
The Bill has faced opposition before. The Transport committee previously rejected it, as did former Transport Cabinet Secretary Kipchumba Murkomen. In submissions to the committee in November 2023, Murkomen cautioned against rushing the reform.
“We advise that a comprehensive study and stakeholder engagement should be undertaken on the Bill’s proposals to determine their practicability and ensure the same do not violate any conventions or treaties applicable,” he said.
It would not be the first such attempt to stall such reforms. In 2018, Parliament rejected a Transport ministry push to amend the Traffic Act and grant the Cabinet Secretary powers to regulate PSV fares, while a similar proposal was rejected by the Matatu Owner Association in 2020.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
