Boda boda operators have opposed a new Bill seeking to regulate the sector, warning that its implementation could drive families deeper into poverty.

Appearing before the National Assembly Transport Committee, representatives from the Boda Safety Association and Digital Boda Drivers and Deliveries Association criticized the Public Transport (Motorcycle Regulation) Bill, 2023, terming it duplicative, bureaucratic and economically impractical.

Association chairperson Kevin Mubadi said the Bill would worsen, not solve, existing problems. “Instead of addressing challenges, it creates costly governance layers, threatens livelihoods and risks economic exclusion,” he said, warning that misguided regulation could destabilize a sector supporting millions of people.

The Bill, introduced by Senator Bonni Khalwale, proposes devolved regulation, mandatory tracking devices, maximum load limits and hefty penalties. Mubadi argued the Bill overlaps with existing laws under the NTSA and could lead to corruption, inconsistent rules and political interference.

Mubadi who was making his presentation before the National Assembly’s Transport and Infrastructure Committee noted that there were over 2 million riders across the country who were a critical pillar of Kenya’s economy, providing millions of livelihoods, enabling last-mile connectivity, and driving grassroots commerce- and misguided regulation of the same could be catastrophic for the country.

“It is a matter of public notoriety that the boda boda sector is one of the most politically involved sectors in Kenya. Handing over its regulation to Governor controlled county organs will not only aggravate the Bill’s poverty breeding provisions but also open up platforms for unprecedented political interference with the sector,” he said.

 Notably, the Bill that was introduced and approved at the Senate was forwarded to the National Assembly for consideration despite a mettlesome attempt by Senator Khalwale to withdraw it.

It provides that boda bodas be under the control of County governments and specifically the County Executive Committee Member for transport, that bodabodas be fitted with tracking devices transmitting their location, mandatory Sacco membership for the riders and a blanket maximum weight limit of 50 kilograms for any load carried on a commercial vehicle.

The Bill also proposes hefty fines, including a Sh20,000 penalty for any boda boda rider caught riding on a pedestrian walkway and a Sh100,000 fine or a one-year prison sentence for boda boda riders who collude with others to harm someone.

The Association however told MPs that the Bill largely duplicates the functions of agencies like the National Transport and Safety Authority (NTSA) and overlooks the established roles of County Governments under the Constitution.

“The establishment of 47 County motorcycle transport and safety boards creates potential for corruption and inconsistency. Decentralizing powers like registration, route allocation, and licensing to 47 different board creates possibility of rent-seeking and inconsistent application of rules across counties hindering inter-county commerce,”said Mubadi.

He further held that that its enactment would lead to regulatory chaos, increased costs for operators, and avenues for corruption, ultimately harming the vibrant boda economy. Mubadi instead urged the House team to initiate a stakeholder-driven process, to review and the the existing Traffic Act and NTSA Act to address any identified gaps in motorcycle transport regulation.

Further, for the government to direct resources towards enforcing existing laws and empowering NTSA and the National Police Service to perform their duties effectively, rather than creating new, costly, and duplicative bureaucracies.

Inspector General Of Police Douglas Kanja submitted that the regulation of the boda boda sector should be integrated within the legal framework to ensure uniformity and coherence. He sought to have the proposed provisions of the Bill be incorporated into the Traffic Act (Cap 403) and the NTSA Act Cap 33A.

“The role of the CEC member should be incorporated into the NTSA act as it is the primary law on the management of Public transport. Any proposed board and functions not already provided for should also be incorporated into the committee established under section 21 of the NTSA Act. This will help avoid duplication of roles and promote harmony and uniformity on regulation,” said Kanja.

The IG told MPs that regulation of the boda bodas in terms of issuance of business permits, parking fees, motorcycle ambulances, delivery motorcycles and other issues should be provided for in the county legislation where such boda bodas are domiciled to include the peculiar needs in that county.

Chairperson of the Digital Boda drivers and deliveries association Calvins Okumu urged the MPs to reject the proposal to install tracking devices on motorbikes.

Okumu urged the House team to reject the creation of county executive committee board as it would lead to an overlap of mandates.

“…the county may instead foster creation of cooperative societies that shall be suited to cater to the needs of the sector. The promotion of self-regulation within the sector shall foster a rise in the legitimacy of the current laws,” he said.