A Nairobi resident, Rogers Monda, has moved to the High Court of Kenya seeking conservatory orders to address what he describes as a growing crisis of road carnage, mob violence and destruction of property linked to unregulated boda boda operations in the capital.
In the petition, Monda accuses State agencies and transport regulators of failing to protect the constitutional rights to life, security of the person, human dignity and property.
He has sued the Attorney-General, the National Police Service, the Inspector-General of Police, the National Transport and Safety Authority, the Cabinet Secretary for Transport and the Nairobi City County Government.
Monda is asking the court to compel the police to immediately activate rapid-response deployments to motorcycle-related road accidents within Nairobi County and along major transport corridors.
He wants officers directed to secure accident scenes, prevent mob violence and lynching, stop sexual and physical assaults, prevent arson and destruction of property, make immediate arrests and preserve evidence, including CCTV footage and public video recordings.
The petitioner is also seeking orders compelling NTSA and the Nairobi County Government to begin immediate enforcement operations targeting boda boda licensing, rider competence, helmet and reflector-jacket compliance, number-plate visibility, passenger limits and insurance requirements.
In addition, Monda wants the court to direct all the respondents to jointly develop and file, within 14 days, a time-bound emergency operational plan to address boda boda-linked violence, accidents and arson in Nairobi, complete with coordination mechanisms and accountability measures.
“Pending the hearing of the main petition, the applicant is urging the court to order the adoption of a temporary Standard Operating Procedure for motorcycle-related accidents and mob violence, including minimum police response times, a clear command structure at accident scenes, protection of victims, mandatory arrests and proper handling of evidence,” court papers state.
The petition further seeks interim orders requiring the rollout of an identification and accountability framework for commercial boda boda riders in Nairobi, alongside measures to protect witnesses and victims from intimidation.
Monda argues that there is a recurrent and foreseeable pattern of mob assaults, sexual violence, lynching and arson following motorcycle accidents, and warns that a threatened public service vehicle strike could paralyse transport and escalate public disorder if urgent action is not taken.
“There is an ongoing and foreseeable pattern of accidents, mob assaults, sexual violence, lynching and arson linked to boda boda operations and accident-scene impunity,” he states in his court filings.
He maintains that the public stands to suffer irreparable harm if the court does not intervene, while the respondents would suffer no prejudice by being compelled to perform their constitutional and statutory duties.
