The National Assembly has received a bill seeking to regulate the country’s vast and largely informal boda boda sector, a move aimed at improving road safety.
- The Public Transport (Motorcycle Regulation) Bill, 2023, sponsored by Kakamega Senator Boni Khalwale, proposes a sweeping overhaul that would require boda boda owners to enter into written contracts with their riders, detailing payment structures, working hours, and conditions of employment.
- The bill also mandates the licensing and registration of riders, designated routes, and stricter enforcement of traffic rules.
- Under the proposed law, county governments would play a central role in regulating the sector – with the County Executive Committee (CEC) member responsible for transport working alongside a newly established board chaired by a governor-appointed official.
Among other provisions, the bill requires motorbike owners to register with cooperative societies before securing licenses. Commercial operators would also need to meet specific safety requirements, including providing riders with two helmets and reflective jackets while prohibiting unauthorised modifications to motorcycles. Motorcycle-based delivery services operators would need a special license and motorbikes equipped with storage compartments.
The bill also proposes fitting each motorcycle with a tracker that allows for real-time monitoring of its location. The bill outlaws carrying more than one adult passenger, violating traffic regulations, or using poorly maintained motorcycles. It proposes stiff fines for riders engaging in criminal activities or riding on pedestrian pathways. Three-wheeled tuk-tuks will also be covered under the bill, and will be limited to carrying three passengers while boda boda’s will be limited to carrying one.
Kenya’s boda boda sector, comprising over three million motorcycles, has employed millions of young men in both urban and rural areas. However, the industry has been blotted by rising criminal activity, reckless riding, and fatal accidents. The government has long struggled to impose order, looking to Rwanda’s highly regulated motorcycle taxi sector as a model.
If passed, the bill would mark Kenya’s most ambitious attempt yet to impose order on a sector that has both empowered livelihoods and contributed to public safety concerns. Devolving control to county governments will hopefully strike a balance between regulation and sustaining an industry deeply embedded in Kenya’s transport ecosystem.
