Kenyan truck drivers operating in South Sudan have raised serious concerns about the detention of their colleagues, often without formal charges. The truckers, through the Long Distance Drivers and Conductors Association (LoDCA), expressed frustration over the Kenyan government’s lack of decisive intervention, despite the increasing challenges affecting regional trade.
Drivers Face Arbitrary Detentions Over Minor Infractions
Truck drivers allege that they are frequently detained in South Sudan for minor traffic offenses, many stemming from poorly designed roads. LoDCA reports that foreign drivers often face biased legal systems, with slow court proceedings and judgments favoring local interests.
“Many drivers have spent months in jail without formal charges, as they are unable to meet immediate ‘compensation’ demands made by officials or aggrieved parties,” LoDCA stated.
Systemic Challenges and “Jungle Law”
Drivers have criticized South Sudan’s judicial and traffic systems, labeling them unpredictable and rife with corruption. They described frequent detentions without cause and arbitrary fines as significant hurdles.
“South Sudan’s unclear traffic laws are weaponized against foreign drivers. Judgments are arbitrary, influenced by graft, and often have little basis in law. Drivers call this environment ‘jungle law,’ where outcomes depend more on the mood of officials than legal principles,” the association noted.
Bottlenecks and EAC Customs Union Shortcomings
The truckers also pointed to long inspection delays and arbitrary enforcement of regulations at checkpoints, which have created bottlenecks in cross-border trade. They criticized the lack of standardized regulations under the East African Community (EAC) Customs Union, stating that South Sudan’s policies frequently contradict regional agreements.
Earlier disputes, such as those over tax collection at the Mombasa port, highlight ongoing issues. The South Sudan National Revenue Authority (SSRA) refuted claims of illegal taxation, instead describing their customs system as a transparency initiative aligned with EAC protocols.
Trade Impact
Despite these challenges, Kenya’s exports to South Sudan have continued to grow. In 2024, exports reached approximately Ksh25 billion, up from Ksh22.2 billion in 2023. However, drivers warn that the systemic hurdles and government inaction could jeopardize these gains.
Drivers Call for Immediate Action
Truckers are urging both the Kenyan and South Sudanese governments to establish clear, harmonized road transport policies and address the systemic issues affecting cross-border trade. Enhanced legal protections, transparent systems, and adherence to EAC agreements are crucial to ensuring a fair and efficient trade environment.
