Inside Controversial Boda Boda Regulation Bill

The National Assembly’s Committee on Transport and Infrastructure has kicked off public hearings and stakeholder engagements on the proposed Public Transport (Motorcycle Regulation) Bill, 2023, which seeks to regulate the boda boda sector across the country.

Chaired by Ndia MP George Kariuki, the Committee listened to presentations from various interest groups, including the Boda Boda Safety Association of Kenya (BAK) and the Digital Boda Drivers and Deliveries Association.

While the Bill aims to improve safety and streamline operations in the sector, it has faced sharp criticism from riders and their representatives.

During the session, the associations dismissed the Bill as bureaucratic, impractical, and costly. They warned that it duplicates the existing role of the National Transport and Safety Authority (NTSA) and ignores the constitutional responsibilities of county governments.

They also expressed concern that the Bill would politicize the sector by transferring regulatory authority to county-controlled boards.

Some of the most disputed proposals include the creation of 47 county Motorcycle Transport and Safety Boards, mandatory SACCO membership for all riders, and vague clauses such as “prescribed colour” and “approved devices.”

The groups warned that these requirements could open doors to corruption and monopolistic practices.

“The Bill is a solution in search of a problem,” said representatives from the rider associations, warning that it could increase operational costs and confuse enforcement structures.

Despite the backlash, MPs on the Committee encouraged the associations to suggest amendments rather than reject the Bill entirely.

“You have an opportunity to shape laws that work for you,” said Komingoi Kibet. “Don’t just reject; recommend.”

MP Mwangi Kiunjuri supported the associations’ call to empower existing institutions like the NTSA instead of introducing new layers of regulation.

Security concerns also featured in the debate. MPs Abdi Saney and Hussein Weytan highlighted the increasing involvement of motorcycles in crime, including drug trafficking and public attacks.

The Office of the Inspector-General of Police recommended forming a joint task force bringing together the NTSA, police, Council of Governors, and boda boda associations to improve coordination and enforcement.

The Committee said it will continue to collect views from across the country before finalizing the Bill.