Riders cry foul as police hold onto motorbikes

There is confusion about the fate of motorcycles impounded by police last week in a crackdown on rogue boda boda operators.

In many police stations across the country, hundreds of motorbikes are still held in police yards.

Despite the government’s decision to suspend the crackdown, the police are insisting the owners must produce the requisite documents before they can be released.

Among the documents the operators whose motorbikes had been impounded are being asked to produce are driving licences, insurance cover, log books and reflector jackets. 

They are also being told to pay towing charges, according to some operators.

In Mombasa County’s Likoni area, Abdi Ahmed said some of his colleagues had not collected their motorbikes from the police stations.

“Some of my friends whose motorbikes were impounded have not gone to the police station to collect their bikes in fear of being told to fulfill some conditions,” said Salim.

Ownership documents

Some of the riders have already been charged and  paid Sh35,000 fines. But they are now being asked by the police to fulfill additional conditions before they get their bikes back.

Riders also claim that in most police stations, they are required to pay bribes ranging from Sh10,000 to Sh20,000 if they want their motorbikes to be released.

Senior police officers in counties have, however, dismissed the claims as false, saying they have been following the directives given by their bosses in Nairobi.

At Gatundu North constituency in Kiambu County, police say boda boda operators are only required to have the ownership documents of the seized motorbikes to have them released.

“We are not asking any money from the operators but they must prove ownership by producing the relevant documents which we have been verifying before release of the motorbikes. We are actually asking them to come and pick the bikes as they have filled up our stores and yards,” a senior police officer who did not want to be named told People Daily.

Crackdown  suspension

While announcing the suspension of the crackdown last week, Inspector General of Police Hillary Mutyambai said the decision was arrived at to allow industry stakeholders to consult and come up with the best way to address the issue.

“Enforcement of compliance of traffic law by public transport motorcycles, aka boda boda, crackdown has been stopped. This is to give room to the government to reorganise the sector through a multi-sectoral committee working on a framework of implementation,” the Kenya Police Service said in a statement.

The statement, however, stated that the ban on boda bodas within the Nairobi Central Business District would remain in force.

“All boda boda operators and riders are advised to comply with all requirements in due course,” KPS said.

While most operators  believed that the suspension of the operation meant an unconditional release of impounded motorbikes, those going to collect their bikes have had a rude shock.

Nairobi County traffic commandant Joshua Omukata told People Daily that the directive to suspend the crackdown did not include unconditional release of the motorbikes.

“The Traffic Act has not been suspended and is therefore still operational. They must fulfill this conditions before they collect their motorbikes. Those without the requisite documents will have to look for them before they can be allowed to pick their motorcycles,” said Omukata.

Assault on woman

Besides the documents, Omukata also insisted that the operators must show prove of membership to either a Sacco or an association.

“We are trying to encourage them to be members of associations or Saccos for easier identification. As a government we are determined to make boda boda operators respect all the traffic laws and adhere to them in their operations,” Omukata added.

Most of the boda boda operators who had already been arraigned in court are also struggling to have the charges withdrawn, with detectives saying the directive can only be given by the Judiciary.

The government embarked on a boda boda crackdown a day after a woman was assaulted by a gang of riders most of whom were arraigned in court and fined.

President Uhuru Kenyatta ordered a countrywide crackdown on rogue boda boda riders to streamline the sector following the incident where a female motorist was sexually assaulted by the riders on Wangari Maathai Road in Nairobi.

However, the directive was lifted following condemnation by political leaders, including Deputy President William and ODM leader Raila Odinga, who said the police should only punish those who break the law.

The two-wheelers are a popular mode of transport in Kenya with 2018 data showing that the country has at least 1.4 million motorbikes and the number continues to rise as 17,000 new motorbikes are registered every month.

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