Opinion: Why Kenya needs a Transport Accident Investigation Bureau Established Urgently

By Paul Karuga Njuguna– (Executive Director, Road Safety Awareness Initiative @RSAIKenya)

On the 9th of October 2023, which is now over a year ago, the Cabinet approved the establishment of the Kenya Transport Accident Investigation Bureau (KTAIB), an independent body with a task to investigate road crashes and provide recommendations to the government on road safety policy and interventions to enhance transport safety in the country.

Additionally, the Cabinet approved the development of the Kenya Transport Accident Investigation Bureau Bill, 2023, which will establish the legal framework for the Bureau’s operations. Until the Bureau is fully operational, aircraft-related accidents will continue to be investigated under the Civil Aviation Act, 2013, to ensure compliance with international obligations.

Road collisions cause significantly more fatalities in Kenya than other modes of transport and all communicable diseases combined, yet there is currently no independent body to investigate road incidents and their causes.

Road traffic crashes are common worldwide, often leading to serious consequences, including property damage, injuries, and loss of life. According to the National Road Safety Action Plan 2024-2028, road crashes account for 5% of Kenya’s GDP, amounting to over 450 billion Kenyan Shillings—an unsustainable figure that could fund an entire county. The plan also reports over 4,000 road fatalities annually, though these figures may be underreported by three to four times. The true number of fatalities could be as high as 12,000, with many more injuries. This estimate was confirmed by Ministry of Health data shared during the “Connect the Dots, Save a Life” Road Safety Data Sharing Workshop held on 17th September 2024.

Kenyans have high expectations for the newly to be established KTAIB, particularly in its role in improving transport safety and accountability. Key expectations include:

  1. Independent Investigations Upon arrival at a crash scene, investigators will document the area, collect evidence, and examine vehicles for mechanical issues that may have contributed to the crash. Evidence such as photographs, skid marks, debris, witness statements, and vehicle conditions (e.g., tires, brakes, shock absorbers) will be collected and stored in a database for future reference. Given the current prevalence of substandard vehicle parts in Kenya, there is a pressing need for this evidence to drive accountability.

    Investigators will analyze the collected evidence, possibly using computer simulations or specialized equipment like laser scanners, to reconstruct the crash and determine its cause. They may also consult experts in fields such as engineering or biomechanics to fully understand the incident. Once analyzed, investigators will prepare a report detailing their findings and recommendations, which may be used to determine liability while also shared with the relevant government bodies like the Ministry of Transport.

    2. Transparency and Accountability There is a strong demand for transparency in the investigation process. Kenyans expect KTAIB to openly share its findings, methodologies, and recommendations, ensuring that both the public and government agencies understand the causes of accidents and the steps needed to prevent them.

    3. Evidence-Based Recommendations The Bureau is expected to provide actionable, evidence-based recommendations to address systemic issues and improve road safety. These recommendations should lead to practical changes in policies, regulations, and operational practices.

    4. Enhanced Road Safety Measures Given the alarming rate of road accidents in Kenya, KTAIB is expected to prioritize road safety initiatives, not only by investigating accidents but also through educational campaigns and collaborations with other agencies to improve driver awareness and vehicle safety standards. Investing in staff training, capacity building, and accident investigation best practices will ensure KTAIB remains at the forefront of safety efforts.

    Collaboration with transport regulatory bodies, law enforcement, and other stakeholders will enhance overall safety management. Timely investigations and quick implementation of safety measures are crucial to reducing risks and preventing future accidents.

    Finally, Kenyans expect KTAIB to adopt international best practices from countries such as the USA, Sweden, the UK, and Finland. By doing so, the Bureau can operate efficiently and contribute to a stronger safety culture across Kenya’s transport sector.

    In summary, Kenyans hope KTAIB will be a proactive and effective agency, investigating crashes thoroughly, independently and fostering a culture of safety across all modes of transport.

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