On Monday, 7th March 2022, a young lady driving a silver saloon passenger vehicle and a Motorbike Boda Boda rider were involved in a  Road Accident along Wangari Maathai Road (formerly Forest Road).  In response, and taking the law into their own hands, a group of Boda Boda riders surrounded the vehicle, forcefully opened the door and sexually assaulted her leaving her half-naked despite her cry in horror. The bystanders and witnesses to the ordeal took no action to intervene, While she reported the matter to the police, investigations were not expeditiously undertaken and the matter was thus not effectively addressed. 

The above case is just one among many out there that go unnoticed and unreported. Flone Initiative has established that sexual harassment in public transport and associated spaces is a major concern especially for women and girls. No one is safe,cases of male motorists  being physically assaulted,killed and their vehicles torched by Bodaboda operators have been on the rise.  Recent rapid assessments on the issue by Flone Initiative and its partners revealed a lack of sexual harassment policies  to guide public transport operators and companies in Kenya. The assessment exposed the extreme prevalence of sexual harassment towards women,girls PWD and the elderly. 88 percent of the commuters we interviewed reported experiencing sexual harassment in public transport spaces, while 76 per cent of women interviewed had witnessed sexual harassment while working in the public transport industry. From the assessment 58 per cent had experienced harassment from the PSV operators. 

A day to International Women's Day 2022, we have again  witnessed a gross violation of fundamental human rights of women while utilizing public road transport in Nairobi, Kenya. A woman deprived of her dignity, safety and sexually assaulted by rogue bodaboda operators. Among other unreported cases, we are concerned by the current trends and the unresponsiveness by various government agencies and some members of the public (onlookers)  in protecting women from sexual and gender based violence while using transport systems and their associated spaces.

The  Kenyan legal system has been perpetrating the vices by not addressing conflicts between riders and motorists with the same weight. Most riders pointed that,whenever they report a case accusing motorists they are not granted justice at equal measures .Thus, they find it more efficient addressing their issues at the scenes where they take place.

Call to Action:

1. The Boda Boda operators involved should be arrested, and prosecuted with immediate effect
2. NTSA to ban The involved Boda Boda operators from operating until all  demands have been met and make  sure that they comply with NTSA rules and guidelines.
3. The National Government should develop a public transport sexual harassment policy for all motorists in Kenya. The policy should criminalize all acts of sexual harassment in all its forms and have clear, actionable and reliable systems to address harassment when reported. 
4. Drivers/Operators must clear several screening processes such as Commercial Driver’s License Information System, National Sex Offender Registry Search and Random Selection Drug & Alcohol Testing. They must also complete a criminal background check followed by a comprehensive professional training on customer service and professional in code of conduct.
5. Provide emergency support services interlinked to hospitals and the police to enable victims to get help as soon as possible.
6. The government to emphasize on the equality before the law while addressing  traffic offenses across the board. This will deter motorists from taking the law into their own hands