NAIROBI, Kenya – A new proposal aimed at streamlining operations in Kenya’s boda boda sector is facing growing resistance from rider associations, who say the bill could devastate their livelihoods and stifle the industry.
The Public Transport (Motorcycle Regulation) Bill, 2023, introduced by Kakamega Senator Boni Khalwale, is now under consideration in the National Assembly after being withdrawn from the Senate.
The Bill seeks to bring order to the chaotic but vital motorcycle transport industry—yet operators warn it could do more harm than good.
Appearing before the National Assembly’s Transport and Infrastructure Committee on Thursday, representatives from the Boda Boda Safety Association of Kenya and the Digital Boda Boda Drivers and Deliveries Association slammed the proposed law, calling it “flawed” and “punitive.”
“Instead of solving existing challenges, it will create new layers of costly governance, stifle economic activity, disenfranchise dependents, and dispatch them into penury,” said Kevin Mubadi, chairperson of the Boda Boda Safety Association.
Mubadi argued that the over two million boda boda operators in Kenya are not only the backbone of countless households but also contribute significantly to the national economy.
The Bill’s implementation, he warned, could derail the sector and worsen poverty.
Key Concerns Over County-Based Regulation
One of the most contested provisions in the Bill is the proposal to establish 47 County Motorcycle Transport and Safety Boards, each tasked with functions like rider registration, licensing, and route allocation.
Mubadi said this decentralized approach risks introducing inconsistencies across counties, creating loopholes for corruption and political interference.
“This sector is one of the most politically active in Kenya. Placing regulation in the hands of governor-controlled boards opens doors to politicisation and abuse,” he noted.
He further criticized the Bill for duplicating roles already performed by national institutions such as the National Transport and Safety Authority (NTSA), calling for a more harmonized approach.
Police Back Calls for Legal Integration
Inspector General of Police Douglas Kanja echoed the riders’ concerns, urging MPs to integrate the Bill’s provisions into existing laws—particularly the Traffic Act (Cap 403) and the NTSA Act (Cap 33A).
“Any new boards or roles should be included within the NTSA framework to avoid duplication and promote regulatory harmony,” Kanja told the committee.
Kanja also recommended that the role of County Executive Committee (CEC) members in transport be clarified and integrated into the NTSA law to ensure nationwide coherence in public transport regulation.
Riders Call for Inclusive Dialogue
Instead of passing a standalone law, Mubadi urged Parliament to initiate a stakeholder-driven review of existing transport legislation, including the Traffic Act and NTSA Act, to address gaps in boda boda regulation without dismantling livelihoods.
“What the sector needs is inclusive dialogue, not top-down policies that risk pushing millions deeper into poverty,” he said.
As debate on the Bill continues, Parliament now faces the task of balancing order and safety in the boda boda sector with the economic realities of millions who depend on it.
