THE NATIONAL CONFERENCE ON DISABILITY AND ACCESIBILITY RIGHTS

1. THE NATIONAL CONFERENCE ON DISABILITY AND ACCESIBILITY RIGHTS Public Transport Accessible To Persons With Disabilities Measures in Place: A Case of Kenya Bus Service Presented By Edwins M. Mukabanah MANAGING DIRECTOR Kenya Bus Service Management Ltd (A member of Kenya Private Sector Alliance) KICC, 26th June 2012

2. THE FRANCHISOR PT Accessibilty to PWDs

3. FRANCHISING CONCEPT Franchising • The operation of the franchisee’s business is pursuant to such plan or system that is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor or affiliate. • Kenya Bus Service Management Ltd aims to prepare locals investors to be able to participate in the Metropolitan Transport Authority when the Integrated National Transport Policy comes into play. PT Accessibilty to PWDs

4. FRANCHISING OBJECTIVES • Transfer Knowhow (Method) to the informal sector in Public Transport (PT) • Build Management Capacity in PT • Organise Para-transit operators into profitable formal enterprises • Lobby for greater government interest and participation in organised PT • Work towards creating a level business playing field with no wasteful competition • Assist and lobby for capacity building in the management of bus business • Promote bus as a preferred mode of travel for all, including PWD and the Socially Excluded • Reduce cost of travel for the public good and increase the level of service • Train Staff, especially road crew for Socio-Economical, faster but safer driving • Make travel predictable, safe, secure and a 24/7 affair • Increase bargaining and purchasing power of bus operators • Assist manage externalities such as Pollution, Accidents, Congestion and Gangsters. • Create decent jobs in the industry PT Accessibilty to PWDs

5. KENYA BUS SERVICE MANAGEMENT LTDFranchise PT Accessibilty to PWDs

6. THE PERSONS WITH DISABILITIES ACT 2003Article 23 Public Service Vehicles • An Operator of a PSV will adapt it to suit Persons With Disability (PWD) in such a manner as may be specified by National Council For Persons with Disability (NCPWD) • All such Operators should have complied with the above requirement by end of 2011 which is two years since this section came into operation Incentives • A private Public Transport (PT) Operator who improves or modifies his vehicle to suit the needs of PWD is entitles to apply for fifty per cent of the direct costs of improvements and modifications to NCPWD Adjustment Orders • If a proprietor fails to comply with provisions as stipulated on access to PT the NCPWD will serve adjustment orders to compel the him to comply PT Accessibilty to PWDs

7. CHALLENGES PERSONS WITH DISABILITY (PWD) GET IN ACCESSING PUBLIC TRANSPORT PT Accessibilty to PWDs

8. Public Transport in Africa – The Pitfalls

9. CHALLENGES PWD GET IN ACCESSING PT…1 • Lack of assistance to lead PWDs to the vacant seats in PT • Loud music played in PT vehicles which disorients PWD as they try to familiarize themselves with the environment • Lack of courtesy among the PT Crew to let them alight at the designated bus stops. • Lack of Passenger Information on the destinations PWD should alight. • Absence of well made ramps for the visually impaired persons using white cane to orient themselves as they board and alight from PT Vehicles. • PWD are often treated as sick and unable people by PT • White cane users are viewed as beggars, therefor not able to afford fares • Limited door space, gangways and ramps for PWD in wheel chairs in PT • The expanse of the new roads; even with the zebra crossing which is meant for pedestrians, drivers do not respect PWD PT Accessibilty to PWDs

10. CHALLENGES PWD GET IN ACCESSING PT…2 • Lack of enough space at the walk paths to enable the wheel chair users or persons with physical disability to move with ease. • Parking Vehicles on pavements blocking those who use Pathways • The space between the seats on the PT is not comfortable for the PWD especially those who cannot bend their knees due to the physical disability they are living with. • Physically Challenged persons while being aided to enter PT they get mishandled. Women feel sexually harassed and lose their self esteem. • Lack of signs, drawings, symbols or writings on the road and PT vehicles to direct them since most people are not sign language literate. • Drivers are not conscious of the fact that some Pedestrians are Hearing Impaired Persons. Many deaf persons have been knocked down by drivers • Traffic Lights do not blip to guide the PWD when crossing roads • PWD are forced to walk long distances to Bus Stops e.g. Muthurwa Stage PT Accessibilty to PWDs

11. CHALLENGES PWD GET IN ACCESSING PT…3 • Opaque PTs (dark windows) - Makes it hard for the deaf persons to see where they are and where to alight. This has led most of them being taken to far distances from their destinations. They end up using extra money. • Absence of rules that govern PT operation on routes as licensed to operate - this disorients a deaf persons in looking for their destinations • Impatient PT drivers; since their deafblind persons takes a lot of time trying to orient themselves to the place they are by touch and smell given that they have multi disabilities. • Deafblind persons can only sense by touch - no one wants to allow them into their PT vehicles; even fellow passengers do not want to sit beside them. • Sometimes a PWD has to pay double fares for seats unoccupied due to a deafblind child • Some PT crew harass the deafblind children or their parents. They sometimes decline to accept them to get into PT. • Or road foot markings that guide the visually impaired are lacking on our streets. PT Accessibilty to PWDs

12. GAPS AND CHALLENGES IN IMPLEMENTATION OF ACT PT Accessibilty to PWDs

13. WHY PWD HAVE CHALLENGESPara Transit Mode (Matatu and Bus) Characteristics of a Para Transit operation • Private Sector driven – no government investment • Demand responsive – no schedule (no timetables) • Lack of standards - difficult and expensive to police • Unpredictable – fare and time • Profit Driven - rather than service delivery • Individualized hence many players • Informal operations - yet often licensed • Limited compliance – tax and safety matters • Does not meet the full cost of labour • Thrives on illegalities • Deregulated - wasteful/cut throat competition • High degree of altruism • Totters towards low capacity carriers due to fill and go mode • Breeds Externalities • Matatus thrives due to - “State Subsidy” PT Accessibilty to PWDs

14. PROGRESS IN MAINSTREAMING DISABILITY • Constitution Bill of Rights • Persons with Disability Act 2003 • Integrated National Transport Policy PT Accessibilty to PWDs

15. HIGH IMPACT INTERVENTIONS FOR PWDIntegrated National Transport Policies To create a good • Legislative Framework • Regulatory Framework • Enforcement Regime • Taxation Regime • Public Transport Planning • Public Transport Management • Institutional Framework – Key to Implementation PT Accessibilty to PWDs

16. STRATEGIES FOR ENHANCING IMPLEMENTATION OF THE ACT PT Accessibilty to PWDs

17. ROAD TRANSPORT AUTHORITY New Transport Management Model Separate: • Infrastructure Owners • Rolling Stock Owners • Operators • Staff Take Over: • Traffic Management • Centralised Cashless Ticketing • Public Transport Infrastructure Management • Route Planning PT Accessibilty to PWDs

18. MINISTRY OF TRANSPORT AND ROADS . INTEGRATED NATIONAL TRANSPORT COMMISSION Marine & Inland Water Ways Road Transport (Passenger & Freight) Pipeline Air Rail Research and Institute Driving Standards Agency Transport Licensing Agency Driver / Vehicle Licensing Road Safety Agency Vehicle Standards Agency Road Transport Museum Road Transport Tribunal Metropolitan & Urban Transport Authority County, Rural & Regional Transport Authority Consumer Organisations Operators Individuals, Companies & Co-operatives / Motorised and Non-Motorised & Intermediate Transport PT Accessibilty to PWDs

19. MEASURES TAKEN BY KBSM IN IMPLEMENTING PROVISIONS FOR PWDS ACCESS KBSM will endeavour to Advocate for • Bus building standards according to the internationally recognized standards and KEBS • That government enforces operators of public transport to invest in ‘Buses’ with ramps for the People With Disabilities to board with ease • Creation of awareness among the Public Road Transport operators on the challenges faced by the People With Disabilities • That the ministry of roads puts in place road signs that will help give directions to the People With Disabilities • All the PT vehicles to have grab rails • Install traffic lights with signals to aid the people with disabilities when crossing at Zebra Crossings • PT operators to treat People With Disabilities as any other passengers rather than treating them as sick people, beggars or unable • All buses will have clear windows and follow designated routes at all times PT Accessibilty to PWDs

20. MEASURES TO BE TAKEN BY KBSM IN IMPLEMENTING PROVISIONS FOR PWD ACCESS…CONT’D KBSM will endeavour to Advocate for • some crew in PT to be trained in Sign Language to ease communication the barrier with PWD • Training of Crew to be alive to the Plight of PWD when travelling in PT • Provision of Public Passenger Information in line with PWD needs • The display of destination boards on PT clearly describing the routing of the vehicles • Securing of pedestrian walk paths to enable PWD walk with ease • Building of ramps at boarding stages to enable PWD board buses without straining • The mandatory provision of lights on staircases of PT vehicles to assist the Visually Impaired persons • That before PT vehicles are licensed, they must be compliant to The Persons With Disabilities Act 2003 PT Accessibilty to PWDs

21. PUBLIC RESPONSE TO THE REALIZATION OF ADJUSTMENT ORDERS & TAX EXEMPTION PT Accessibilty to PWDs

22. ADJUSTMENT ORDERS AND TAX EXEMPTIONS • Awareness has yet to be achieved and a lot more needs to done on Orders and Tax • Body Builders lack an Institutional Framework under which they can be given the PSV Standard • There are challenges to Employer regarding the Act as this has led to many retirees opting register as PWD to access retirement at 60 years and tax exemptions. PT Accessibilty to PWDs

23. POLICY INSTRUMENTSPolitical Good Will Essential – PWDs need a Champion Do nothing approach • Costs difficult to monitor. Good PT costs a lot; Bad PT costs a lot more Regulatory Measures • PT to operate PWD compliant vehicles • Hypothecate Road User Charges to assist PWD • Land Use Controls to favor PWD • Area Bans e.g. Pedestrians only areas Physical Restraints • PT priority measures • Traffic Calming and Signage • Route Panning to create connectivity and designate stages friendly to PWD Other Measures • All roads to have paved walk ways • Reduce on Street Parking Application of Economic Instruments to promote PWD agenda • Road Pricing, Area Licensing, Vehicle Ownership Charges, User Charges, Parking Charges etc. to subsidies PWDs and other socially excluded travel Kenya Bus Service Management Ltd

24. HOW TO MONITOR AND EVALUATE PROGRESS ON PWD MATTERS • Bring all the stakeholders on board and carry out Public Awareness to enable full participation • Periodical evaluation on the services offered by PT to the PWDs periodic Research and Surveys • Adopt a PT National Policy that recognises rights of PWD • Strong Regulatory Institutions • Strong Consumer and Lobby Organisations • Enforcement of Laws and Standards PT Accessibilty to PWDs

25. ACCESS NEEDS FOR THE ELDERLY, WOMEN AND CHILDREN State Subsidy • Senior Citizens need to access markets, social amenities and medical facilities • Women need to access work, markets, social amenities and medical facilities • Children need to access medical facilities and schools Accessibility of these Socially Excluded group will lead to the attainment of MDGs PT Accessibilty to PWDs

26. LOW FLOOR BUS WITH RAMPAccessibility for the Physically Challenged . PT Accessibilty to PWDs

27. BUS WITH WIDE DOOR AND RAMPAccessibility For Children . PT Accessibilty to PWDs

28. LOW FLOOR BUS WITH RAMPAccessibility for the Elderly . PT Accessibilty to PWDs

29. THE FRANCHISOR PT Accessibilty to PWDs