"Probox cars set to get PSV licences in matatus regulation" Business Daily 19th December 2018, Pg. 6.

NipeLift should stay put in my view, as the law is reactive, you innovate first and if you disrupt the market, the law will adjust to cater for useful innovations. If we waited for the law, we would still be riding horses and donkeys.

Quote from the Business Daily Probox Article:
"They are not defined as PSVs and we cannot regulate them. The idea is to bring them under a regulatory mechanism and we are looking at how to bring them on board,” Ms Koimett told the Business Daily on phone. “It is a matter of looking at the current law and making the necessary changes.” Ms Koimett said bringing the cars under the law will ensure they do not carry excess passenges"

Matatu per the traffic laws carries 10-25 passengers (excluding driver). So you want probox to legally carry 11-26 people?

What is not factual about operating an unlicensed PSV vehicle under the guise of Nipelift? What law allows for such games? Which insurance company vwill compensate customers in case of claims? Will the mtumba car owner have money to compensate a claim of say Shs 5m in case of accident? Sisi hapana wajinga hapa..Wewe najoin wazua kwa kazi ya kutetea hii ushenzi ya nipelift ambayo ni criminal kwa saa hii...

Another potentially stupid question,

Which law governs operation of boda boda? For those injured on bodaboda, who pays them?

In personal accident and life assurance policies issued by most ( if not all) insurance providers in KE, injuries incurred while riding on a motorcycle either as a driver or passenger are under exclusions.

How do you merge this legally with bodaboda operations in KE and your statement on contrary to public policy above.

In other words, its ok for an insurance company to tell you, " if you ride on a bodaboda and get hurt, you are on your own" but I cannot tell someone who wants to get in my car " hey boss, if you ride with me and get hurt, you are on your own"

Riding a motor cycle without insurance is an offence.

http://kenyalaw.org/caselaw/cases/view/133944/[/quote]

Now you are deflecting issues. This thread is pertinently about PSV insurance and fare paying passengers. Kwani you did not learn about context in the school you attended,

In kenyan pallance, "bodaboda" is a motorcycle
used for conducting business of ferrying passengers mainly, and sometimes goods. Now you know. Sasa kindly direct me to relevant law on PSV for bodaboda.

Ok. Point noted. Bodaboda should have PSV insurance.

However what constitutes a PSV is not well defined in the Act. I think that is a loop hole for NipeLift

Maybe I have missed the clause that says this explicitly. In fact exchange of money is not even mentioned, at least not in above quoted act.

Ok. Noted.

[quote=WakaWak

@Mawinder has quoted the Act extensively. But Just a reminder. Section 2 of traffic Act reads:

“public service vehicle” means any motor vehicle which—

(a) is licensed under Part XI to carry passengers for hire or reward; or
(b) plies for hire or reward or is let out for hire or reward; or
(c) is carrying passengers for hire or reward;

If a word is not defined in an Act, you go for the ordinary english meaning.


Reward in ordinary English means "a thing given in recognition of service, effort, or achievement". Synonyms for reward include "price", "payment", "profit", "advantage", "tip", "consideration".



https://www.google.com/s...id-browser&q=reward



[/quote]
Where is reward captured if the passengers were to pay in kind and the vehicle owner is ok with that?. eg,If I have a bunch of bananas, I pay using that..