Quote from Lawyer on July 25, 2025, 6:00 am

On July 24, 2025, boda boda operators across Kenya, led by the Boda Boda Safety Association of Kenya (BAK), voiced strong opposition to the proposed Public Transport (Motorcycle Regulation) Bill, 2023, during a heated session with the National Assembly’s Transport and Infrastructure Committee. The bill, sponsored by Kakamega Senator Boni Khalwale, aims to overhaul the regulation of the motorcycle transport sector by introducing county-level oversight, mandatory safety measures, and operational restrictions. However, riders argue that these changes threaten the livelihoods of over 2.5 million operators and could destabilize a sector that contributes approximately Sh660 billion to Kenya’s GDP.

The proposed legislation introduces several measures aimed at enhancing safety and streamlining operations within the boda boda industry. Among the key provisions are:

• County-Level Regulation: The bill proposes the creation of 47 county-level Motorcycle Transport and Safety Boards to oversee registration, operation, and safety compliance. This would shift regulatory authority from the National Transport and Safety Authority (NTSA) to county governments, allowing them to tailor rules to local needs.

• Mandatory SACCO Membership: All riders would be required to join a registered Savings and Credit Cooperative Organization (SACCO) or cooperative society to operate legally.

• GPS Tracking Devices: Motorcycles used for commercial transport must be fitted with GPS trackers to enhance accountability and security.

• Formal Employment Contracts: Riders would need to sign formal contracts with motorcycle owners, replacing the informal agreements that currently dominate the sector.

• Load Limits: The bill restricts the weight of goods transported on motorcycles to 50 kilograms, a measure intended to improve safety but criticized as impractical.

• Safety and Identification Measures: Motorcycles must display number plates on both the front and back, carry only one passenger seated with proper footrests, and keep headlights on at all times. Commercial motorcycles will also be branded with specific color bands designated by county authorities to distinguish them from private vehicles.

• Mandatory Training and Inspections: Riders must complete an approved training course, and motorcycles used for public transport will be treated as Public Service Vehicles (PSVs), requiring regular county-level inspections.

• Penalties and Fines: The bill introduces hefty fines, including a Ksh20,000 penalty for riding on pedestrian walkways and a Ksh100,000 fine or one-year imprisonment for riders colluding to cause harm.

• Grace Period: Owners of older motorcycles are given a three-year grace period to comply with the new rules, while new motorcycles must immediately adhere to front number plate requirements.

The Boda Boda Safety Association, led by President Kevin Mubadi, has labeled the bill as punitive and disconnected from the realities of the sector. Riders argue that the proposed regulations would impose significant financial and operational burdens, potentially driving millions of families into poverty.

Key objections include:

• Duplication of Regulation: The creation of county-level boards is seen as redundant, given that the NTSA already manages rider registration and road safety enforcement through a digital platform. Mubadi argued that requiring riders to re-register in every county they operate in would lead to increased costs, bureaucratic red tape, and opportunities for corruption. “This is not streamlining. It’s complicating. We’re being asked to start over, pay again, and follow conflicting county rules, all while trying to survive,” he said.

• Mandatory SACCO Membership: While BAK supports organized structures, it insists that SACCO membership should remain voluntary. Forcing riders into cooperatives could exclude the poorest operators, who struggle to meet daily operational costs, and create opportunities for cartels to exploit riders. “We’re not against order, we’re against coercion,” Mubadi stated.

• GPS and Equipment Costs: The requirement to install GPS trackers and provide specific helmets and jackets in designated colors would significantly increase operational costs. Riders fear these expenses would benefit politically connected suppliers while burdening operators already struggling in a low-margin industry.

• Formal Contracts: The mandate for formal employment contracts between riders and motorcycle owners is viewed as impractical in a sector characterized by flexibility and informal agreements. Riders argue that such contracts could disrupt the trust-based relationships that allow the industry to function.

• Load Restrictions: The 50-kilogram weight limit for goods is a major point of contention. A standard sack of maize, for example, weighs around 90 kilograms, and riders argue that this restriction would criminalize the transport of essential goods, harming farmers, traders, and rural communities. “Are we now criminalizing the transport of food?” Mubadi questioned.

• Devolution Concerns: Devolving regulation to counties could lead to inconsistent enforcement and legal confusion, undermining the unified framework established by the NTSA. Riders fear this could result in increased harassment and extortion by local authorities.

The boda boda sector is a cornerstone of Kenya’s informal economy, employing over 2 million riders and providing last-mile connectivity for millions of Kenyans. The industry supports grassroots commerce, facilitates emergency transport, and serves as a vital lifeline for rural communities. According to BAK, the sector’s economic contributions are at risk if the bill is passed without significant revisions. “We are not criminals. We are fathers, mothers, sons, and daughters. We are job creators and community builders,” Mubadi emphasized.

Riders also highlighted the sector’s challenges, including high accident rates and inadequate training. Data from the National Police Service indicates that between May 2022 and October 2023, nearly 10,000 people were affected by motorcycle crashes, with 1,421 fatalities recorded in 2019 alone. While the bill aims to address these safety concerns, operators argue that its approach is heavy-handed and fails to address root causes, such as affordable access to proper training and licensing.

The bill has received mixed reactions. The Kenya Bureau of Standards and the Digital Boda Association have expressed support for the legislation but called for amendments to address contentious provisions. A ride-hailing company also backed the initiative but suggested revisions to make it more practical. However, BAK’s outright rejection underscores the deep divide between lawmakers and operators.

The bill’s journey has been tumultuous. Initially introduced in 2023, it faced significant public outcry, prompting Senator Khalwale to withdraw it temporarily. However, the National Assembly rejected the withdrawal on May 29, 2025, allowing the bill to proceed to a second reading. It is now under review by the Departmental Committee on Transport and Infrastructure, with further public participation expected before a final decision.

BAK has urged Parliament to halt the bill’s progress and engage stakeholders in meaningful dialogue. The association recommends strengthening the NTSA’s existing framework, streamlining licensing processes, and investing in affordable training programs to improve safety without undermining livelihoods. “This bill isn’t fixing anything. It’s a solution in search of a problem,” Mubadi stated, warning that misguided regulation could destabilize a sector critical to Kenya’s economy.

As the debate continues, boda boda operators remain steadfast in their resolve to protect their industry. Social media platforms have seen a surge in sentiment, with hashtags like #BodaBodaLivesMatter gaining traction as riders rally against the proposed law. The outcome of the bill will likely have far-reaching implications for millions of Kenyans who rely on boda bodas for their daily hustle.