Kenya Film Classification Board (KFCB) chief executive Ezekiel Mutua and the County Government of Nairobi, in two separate initiatives, are angling to rein in on the matatu industry with punitive fines.
In a press conference held on Monday, February 3, Mutua signalled the beginning of an all-out war against matatu operators flouting a law prohibiting the display of content determined to be unsuitable for family viewing.
The directive, which was first issued in 2018 under the Film and Stage Plays Act Cap 222 has faced significant resistance to its enforcement. The Act levies a fine of not more than Ksh100,000 on anyone who contravenes it.
"PSVs are not broadcasters or exhibitors, mounting of screens for entertainment can only be regulated under the Films and Stage Plays Act Cap 222 as the content in public service vehicles is not for personal consumption but rather an exhibition to the public.
"There are rogue drivers and conductors who have defied our regulatory guidelines and have turned their vehicles into discotheques, loudly exhibiting dirty content with impunity and inconveniencing passengers, particularly parents travelling with their children," Mutua stated.
The policy by Mutua came on the heels of a bill proposed by City Hall that proposes PSVs be required to have reserved seats for expectant women, people with disabilities and the elderly.
The bill, which is still on the floor of the county assembly would levy a fine of up to Ksh50,000 on vehicles that fail to fail to allocate the designated seats.
Kenyans.co.ke spoke to Matatu Owners Association chairman Simon Kimutai who shared his reservations with the two moves from the national and county governments
He voiced various misgivings about the Mutua's warning, one is the question of the categories of content that fall under the directive.
“If there is a radio, and the radio station is playing music, am I supposed to pay for that?”
He also cited questions on how the licensing fees would be collected and to whom they would be given.
“We don’t want to be a cartel, paying money that is benefiting people other than those who made the music.”
Kimutai further spoke on the issues they faced the last time the directive was made in 2018.
“Earlier on we had a conflict with different representatives asking for money. We did not know who the money was supposed to be paid out to.”
Kimutai went on to address the on a new City Hall bill. He argued that, while well-intentioned, the move needed to target PSVs right from the assembling stage rather than focus on vehicles already on the road.
“This should go to the Kenya Bureau of Standards so that manufacturers and bodybuilders should have a provision for someone who is expectant or someone who is physically challenged.
"It becomes a problem [to implement the changes]. It is like putting on a dress that you used to wear before you were pregnant and when you are pregnant you are still trying to squeeze into the same dress," remarked Kimutai.
