08/08/2026
๐๐๐๐๐๐ ๐๐๐๐: ๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐๐๐๐๐ ๐๐๐๐๐ ๐๐๐๐ ๐๐๐๐๐๐๐๐ ๐๐๐๐๐ ๐๐๐๐ ๐๐๐
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Footage showing TUM students hanging dangerously on the side of the bus just moments before it came down has left many people asking a painful question:
How much would it have cost for someone to simply remain safely seated inside the vehicle rather than hanging dangerously on the side of the bus?
Mourners are people who should conduct themselves with decency, restraint and respect. We should not behave like nganya foot soldiers, especially when travelling on a public road.
Long before the introduction of the Michuki Rules, matatu touts were frequently seen sitting on the roofs of matatus and buses from the point of departure to their destination. Such reckless practices contributed significantly to road accidents and vehicle rollovers.
Then came Mr. John Michuki and the famous Michuki Rules, which significantly transformed Kenya's public transport sector. The reforms brought stricter enforcement of passenger safety requirements, including the identification of PSVs, compulsory PSV insurance, organised transport through SACCOs, seat belts and strict passenger capacity limits.
The rules changed the face of public transport in Kenya and demonstrated that road safety regulations can save lives when properly enforced.
But in this particular case, I would also put part of the responsibility on the driver.
As a driver, you are temporarily the custodian of the vehicle. The owner or transport company has entrusted you with their vehicle and, more importantly, with the lives of the passengers inside it.
That responsibility gives you the authority โ and the obligation โ to ensure that passengers observe basic safety standards.
There is no excuse for saying, โwalikua rude,โ or โwalikua hawaskizi.โ
If passengers refuse to sit properly or insist on hanging dangerously from a moving vehicle, the driver has the option and responsibility to stop the vehicle and refuse to proceed until order and basic road safety are restored.
A driver should never allow passengers to dictate unsafe conditions simply because they are in a hurry or because they refuse to cooperate.
No journey is more important than a human life.
And as we discuss this tragedy, we must also be careful not to rush into blaming the deceased. We might be tempted to say that โhe wasn't happyโ or that the deceased should have done something differently. But the reality is that the responsibility for what happened cannot automatically be placed on one deceased passenger when the footage appears to show that the unsafe behaviour involved multiple passengers.
Let us not use hindsight to unfairly judge someone who is no longer here to explain what happened.
I do not know whether the driver survived the crash or what exactly happened in the moments leading up to the tragedy. Therefore, it would be premature to declare the driver criminally liable without the findings of a proper investigation.
However, if investigations establish that the driver knowingly allowed passengers to travel in a dangerous and unlawful manner, then the relevant authorities should determine whether any offences under Kenya's traffic and criminal laws were committed.
The Traffic Act, Cap. 403 of the Laws of Kenya, provides the legal framework governing various aspects of road use, including duties relating to the safe operation of vehicles.
At the same time, passengers must also take responsibility for their own safety. You cannot knowingly hang from a moving bus and then expect the driver alone to carry all the blame when something goes wrong.
Road safety is a shared responsibility between drivers, passengers, vehicle owners, transport companies and enforcement authorities.
This tragedy should therefore be a wake-up call.
Let us stop normalising dangerous behaviour simply because โeveryone does it.โ What may look like fun, excitement or harmless bravado can become a matter of life and death within seconds.
One careless decision can turn a journey into a funeral.
May those who lost their lives rest in eternal peace, and may God comfort their families and give healing to those who survived. ๐๏ธ๐
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