PREMIUM Legal Clinic: Matatu crew forced me to alight on a highway. Why was I arrested? Once a passenger boards a matatu, the crew is obligated to uphold the terms of safe carriage. DN2 6 min ago Listen

Safer public transport requires informed passengers, responsible matatu crews, and enforcement grounded in law, safety, good faith, and the duty of care owed to every commuter.

Although the relationship between a passenger and a matatu crew is contractual, that contract is governed by the overarching principles of duty of care and good faith, both of which flow directly from constitutional protections.

The prosecutor should have examined the circumstances leading to the arrest, including the fact that the matatu crew violated traffic regulations and breached their duty of care, thereby placing you in harm’s way.