The Public Transport (Motorcycle Regulation) Bill, 2023, which recently underwent its first reading in the Senate, has sparked widespread uproar across the country. Sponsored by Kakamega Senator Boni Khalwale, the Boda Boda Safety Association of Kenya has strongly opposed the bill, even threatening nationwide demonstrations if it is passed.
Notably, the bill introduces key measures to regulate the commercial use of motorcycles (boda bodas) in Kenya.
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It outlines provisions for their registration, operation, and safety at the county level. However, it has faced mounting resistance, with boda boda riders arguing that it is an attempt to suppress their livelihoods.
The proposed regulations have particularly angered young riders, who announced plans to stage protests in response.
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Amid the growing opposition, Senator Khalwale bowed to pressure and proposed withdrawing the bill.
Khalwale changes tune
Speaking to the press, the Senator defended the legislation, stating that its goal was to bring order to the boda boda industry, which has been notorious for flouting traffic laws.
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He emphasized that the bill aimed to reduce road fatalities and restore discipline in the sector—not to oppress young riders but to safeguard their future.
Additionally, Khalwale claimed that political forces had distorted the bill’s intentions, portraying him in a negative light to the public which prompted his decision to withdraw it.
“I have a record that extends over 20 years of listening to the common mwananchi. In the past, many youths in the boda boda sector have lost their lives and I deemed it fit to introduce regulations to reduce the fatality rate on the road,” Khalwale said.
“Critics of the bill politicised it to the point of turning the youth against me. Tomorrow, I will formally write to the Senate and National Assembly Clerks, seeking the proposed legislation’s withdrawal,” he added.
Inside Bill
The bill sought to introduce regulations such as boda riders registering with the county government and a sacco, installing a tracking device on their motorcycles and having valid employment contracts with the owners.
Clauses 4 to 6 of the Bill outlined the creation, composition, and functions of the County Motorcycle Transport and Safety Board in each county.
Also Read: Inside New Bill Proposing Mandatory Trackers and Training for Bodaboda Riders
The board, according to the bill, would be tasked with regulating, managing, and coordinating all matters related to the boda boda transport sector within the county.
A person who wishes to operate a motorcycle for commercial purposes in a county would be required to register with the board.
The bill also proposed fines such as a Ksh20,000 penalty for anyone caught riding on a pedestrian walkway and a Ksh100,000 fine or a one-year jail term for boda boda riders who gang up with others to either threaten or harm another person.
Boda Boda Association Threatens Nationwide Protests
Once the Bill was tabled before Parliament, the Boda Boda Safety Association of Kenya threatened nationwide protests should lawmakers pass it.
Speaking on Thursday last week, BSAK National Chairman Kevin Mubadi called the bill “oppressive” and raised concerns that it could open doors to corruption.
One of the key points of contention is the proposal to limit the weight of luggage carried on a motorbike to 50 kilograms. Mubadi argued that such a regulation is unrealistic, given that Kenya lacks the infrastructure necessary to enforce it.
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