Nairobi — The Law Society of Kenya (LSK) has now given Traffic Commandant Samuel Kimaru 30 days to come up with a comprehensive plan to reduce road carnage in the country following Thursday's accident that claimed 41 lives on the Mai Mahiu-Narok road.
LSK Chairman Eric Mutua has written to Kimaru accusing him of failing to perform his duties effectively and stated that if he fails to come up with a workable plan, they will institute proceedings to remove him from office.
"Pursuant to our constitutional and statutory obligation and mandate, we demand that you provide us with a comprehensive plan of action and the steps you have taken to address road carnage on our roads," he stated.
He said that failure to enforce the Traffic Act by the police has resulted in the loss of more than 1,500 lives since the beginning of this year.
He also indicated that over 12,000 people have sustained injuries due to road accidents.
"Article 10 of the Constitution binds you in performance of your duties to apply and uphold the national values and principles of good governance. These among others include patriotism, the rule of law, human dignity, social justice," he explained.
"Article 20 of the Constitution binds you both as a public officer, head of a state organ, and as an individual to protect citizens' rights especially the right to life, health, safety and economic interest," the letter says.
Mutua stated that many police officers are involved in corrupt practices thus compromising the safety on roads.
"Under Article 232, you are obliged to uphold the following values and principles in the discharging of your duties:- responsive, prompt, effective and impartial provision of services and to maintain a high standard of professional ethics," he said.
He pointed out that this reflected badly on the Traffic Boss as it was a sign of wilful negligence and incompetence.
"Take notice that unless we receive a credible and convincing work plan within the next 30 days, from the date hereof, we shall file proceedings in court to obtain a declaration that you be removed from office for wilful negligence and incompetence."
Forty one people died in Thursday's 1.30am accident after driver of the 62-seater bus lost control plunging the vehicle into a ravine.
Following this, the government stated that it will ban night travel by Public Service Vehicles to reduce road accidents.
In the meantime, four buses belonging to the City to City bus company have been impounded even as the police continue to look for the owners following the accident.
Kimaru said they are also on the lookout for any buses owned by the company whose offices have now been closed and pointed out that they will also be seized.
He told Capital FM News that the owners will be charged with failure to keep proper records of their drivers and the bad condition of their vehicles together with failure to fit them with speed governors.
He pointed out that the action might also include withdrawing the TLB licenses so that they cease operations completely.
The driver of the bus which was travelling from Nairobi to Homa Bay lost control due to over speeding causing it to go down a valley before rolling several times.