Regulation is not enough:struggling paratransit reform in Kenya

Abstract

There has been a long history of attempts at reform to the informal transport industry in Kenya. Matatus, as they are colloquially known, have been the subject of repeated attempts at improving their service quality and safety. These efforts are almost exclusively regulatory and driven by pressure on the state to act on major safety failures on Kenya’s roads. However, they have not created lasting reform. At best, they provide temporary behavioural change among drivers and crews. In the long run, they have created a web of regulations that are cumulatively counterproductive, leading to burdensome and opaque legal requirements, prohibitive costs of compliance, rent-seeking behaviour among enforcers, and routine large-scale non-compliance. In addition to these regulations, there have also been reforms requiring collectivisation of vehicle ownership through structures like SACCOs and companies. These, however, have not provided the benefits of institutional self regulation as intended. This paper shows that for lasting reform in the sector, all these interventions are not enough. The challenge must be approached as an urban mobility issue rather than as solely a safety concern. Reforms to enhance the financial viability of operations missing in current interventions need to be introduced. Importantly, this should be done by an urban mobility planning authority, that can bring together licensing, safety, and infrastructure agencies to manage the various elements of the reform process.