Five minutes and the Constitution.

Dreamers need the pragmatic among us to keep the trains on the rails. This new five-minutes-at-bus-stops idea is good in principle; buses will be in motion, not obstructing traffic as they fight for the commuting public. It, however, seems to gloss over some of the realities of the public transport sector in Nairobi. First, public transport was deregulated almost two decades ago; bus schedules are no longer the key feature of public transport. In the absence of a schedule, and in a desire to maximise daily profits in the shortest time possible, buses and matatus stop for as long as they need to in order to leave the stop with a full complement of passengers.

Second, the county government would have to redeploy all its inspectors to ensure that each bus or matatu that comes to a bus stop does not exceed the five minute limit, whether it has a full complement of passengers or not. These inspectors will be redeployed from their other duties, such as policing the exploding population of hawkers and street families that have invaded the central business district. They will also have to be deployed along all major roads leading into the CBD including Jogoo Road, Mombasa Road, Langata Road and Waiyaki Way at choke points such as the City Stadium roundabout, the Nyayo Stadium roundabout and the Westlands stage near the Mall.

Third, the main reason why public transport is in such a mess is because of the corruption that was engendered by the deregulation of the sector in the 1990s. Public service vehicle crews are a law unto themselves because they are willing to offer bribes, and law enforcers are eager to solicit bribes, in order for them to operate with impunity. This plan risks being hijacked by the corrupt tendencies of both PSV crews and law enforcement officers where it is almost certain that some crews will offer bribes in order to exceed the five-minute limit or law enforcers will solicit bribes in order to allow crews to exceed that limit.

The traffic problem is not only because there are unruly PSVs operating in the city, but also because motorists in general and law enforcers are unable or unwilling to observe and enforce, respectively, the Highway Code. Years of unruly behaviour must be reversed if the traffic problems of the city are to be solved. The organisation of the one-way streets, two-way streets and calibration and co-ordination of traffic lights must also receive the attention they deserve in order to ensure that traffic flow is smooth. Finally, the pricing of on-street parking must be calibrated to ensure that there is maximum efficiency. The right price might encourage many motorists who do not use their cars for the most of the day to use public transport, thereby freeing up space for those who need parking space for short periods.

Finally, this plan seems to have been cooked up without engaging all stakeholders. It is of a piece with the way the government traditionally operates. Top-down decision-making is a legacy of the command-and-control style of governance that has been in force since colonial days. It treats the stakeholders of the city like toddlers in need of adult supervision, not as valuable contributors to public policy. This guarantees conflict every time a decision is made regarding matters that affect the city which leads to resistance and, in many cases, corrupt acts. It is high time that the shift envisaged by the Constitution towards more citizen participation is implemented. It will make ideas like the five-minute rule more effective.