A petition before the High Court is seeking immediate court action to rein in disorder linked to boda boda operations in Nairobi, with claims that unchecked motorcycle activities are putting lives and property at serious risk.
The case was filed by Nairobi resident Rogers Monda, who says authorities have failed to stop a steady rise in fatal accidents and violent incidents involving boda boda riders.
He argues that what often begins as a road crash quickly turns into chaos, leaving victims injured, property destroyed, and residents living in fear.
Monda has listed the Attorney-General as a respondent together with several government bodies. They include 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.
In his court papers, the petitioner blames weak oversight of the boda boda sector for the growing breakdown of order on city roads.
He states that "poor regulation and weak enforcement within the boda boda sector have created a dangerous environment in which road accidents frequently spiral into mob justice, sexual and physical assaults, lynching and arson, often in full public view and without swift police intervention."
Through the application, Monda is asking the court to issue conservatory orders requiring police officers to respond immediately to motorcycle accidents across Nairobi County and along major transport corridors.
He wants officers "ordered to promptly secure accident scenes, restore order, prevent mob attacks, stop destruction of property and arrest suspects without delay."
The petition also seeks directions compelling police to secure and preserve all evidence linked to such incidents. This includes CCTV recordings and videos taken by members of the public, which Monda says are critical in holding offenders accountable.
Alongside police action, Monda wants NTSA and the Nairobi City County Government ordered to begin strict enforcement operations targeting boda boda riders. He says these efforts should ensure riders are properly licensed, competent, and insured, and that they comply with safety rules such as wearing helmets and reflective jackets, displaying number plates, and observing passenger limits.
The petitioner further wants the court to direct all respondents to jointly prepare and submit an emergency response plan within 14 days. He says the plan should be clear, time-bound, and focused on dealing with motorcycle accidents, violence, and arson in the city, while clearly spelling out the roles and responsibilities of each agency.
"Pending the hearing of the main petition, the court to order the temporary adoption of a standard operating Procedure governing motorcycle accidents and mob violence. The proposed guidelines would outline minimum police response times, command structures at accident scenes, victim protection measures, mandatory arrests and proper evidence handling," Monda states.
He is also seeking interim orders to introduce an identification and accountability system for commercial boda boda riders operating in Nairobi. In addition, the petition calls for steps to protect victims and witnesses from threats or intimidation linked to these incidents.
Monda warns that failure to act urgently could make the situation worse, especially with looming threats of a public transport strike that could disrupt movement in the city and spark further unrest. He maintains that residents stand to suffer irreversible harm if the court does not intervene, while the State agencies would not be unfairly affected by being compelled to perform their constitutional and legal duties.
