Boda Boda motorcyclists oppose legislation, Imran Karyiaa advocates for legal alignment
The controversy surrounding the Public Transport (Motorcycle Regulation) Bill, 2023 in Kenya has intensified, with boda boda (motorcycle taxi) operators and associations voicing strong opposition to the proposed legislation. The main concerns revolve around duplication, economic harm, and potential worsening of poverty among riders.
Key concerns raised by boda boda operators and associations include:
- Duplication and bureaucratic complexity: The Bill proposes the creation of 47 county-level motorcycle transport and safety boards, which overlaps with the existing regulatory role of the National Transport and Safety Authority (NTSA). This could cause confusion and administrative burdens for riders who would have to re-register in each county they operate[1][3].
- Economic impracticality and poverty risk: The Bill includes costly requirements such as mandatory GPS tracking devices on motorcycles, limits on maximum loads, and hefty fines. These costs and penalties could deepen poverty for families relying on boda boda earnings and destabilize the sector that supports millions of livelihoods[1][3].
- Forced SACCO/cooperative membership: The Bill mandates all riders become members of registered Savings and Credit Cooperative Organizations (SACCOs) or cooperatives. While riders support organization, they oppose compulsory membership, fearing it will exclude poorer operators and create opportunities for exploitative cartels[3].
- Risks of political interference and corruption: Riders fear that devolving regulation to county governments, which are politically influenced, could lead to inconsistent rules and governance layered with corruption, undermining the sector's stability and performance[1].
- Impact on informal labor arrangements: The Bill requires formal contracts between riders and motorcycle owners and mandates specific safety gear. This is seen as unrealistic and unaffordable in a sector characterized by informal, flexible arrangements, further threatening riders’ livelihoods[3].
Calvins Okumu, chairperson of the Digital Boda drivers and deliveries association, has urged the rejection of the proposal to install tracking devices on motorbikes and the creation of a county executive committee board, as it would lead to an overlap of mandates[2]. Instead, Okumu proposes the county may foster the creation of cooperative societies that shall be suited to cater to the needs of the sector[3].
Inspector General of Police Douglas Kanja has suggested incorporating the provisions of the Public Transport (Motorcycle Regulation) Bill into the Traffic Act (Cap 403) and the NTSA Act Cap 33A[4]. He also proposes that the role of the County Executive Committee Member should be incorporated into the NTSA act, and that regulation of the boda boda sector, including the issuance of business permits, parking fees, motorcycle ambulances, delivery motorcycles, and other issues, should be provided for in the county legislation where the boda bodas are domiciled to include the peculiar needs in that county[4].
The Bill suggests 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[1].
Over 2 million riders across Kenya are a critical pillar of the economy, providing millions of livelihoods, enabling last-mile connectivity, and driving grassroots commerce[5]. The Association argues that the Bill duplicates the functions of agencies like the NTSA and overlooks the established roles of County Governments under the Constitution[3].
The controversy highlights the tension between government regulatory intentions and the practical realities facing a highly informal and economically vulnerable transport sector. Boda boda representatives urge Parliament to reject or amend the Bill to avoid economic exclusion, reinforce self-regulation through cooperatives, and harmonize existing laws under NTSA rather than creating overlapping county structures[1][3].
[1] Standard Digital, "Boda boda operators cry foul over proposed Bill," 2023. [2] Business Daily, "Boda boda operators oppose proposed tracking devices," 2023. [3] Daily Nation, "Boda boda operators oppose proposed Bill," 2023. [4] The Star, "Kanja seeks to have boda boda regulation in NTSA Act," 2023. [5] The Economist, "The rise of the boda boda," 2021.
- The Public Transport (Motorcycle Regulation) Bill, 2023 in Kenya has sparked a heated debate, with concerns surrounding duplication, economic impracticality, and potential worsening of poverty among riders.
- The proposed Bill includes the creation of 47 county-level motorcycle transport and safety boards, leading to potential bureaucratic complexity and administrative burdens for riders.
- Mandatory GPS tracking devices, limits on maximum loads, and hefty fines in the Bill could deepen poverty for families relying on boda boda earnings, destabilizing the sector that supports millions of livelihoods.
- The bill mandates all riders to become members of registered Savings and Credit Cooperative Organizations (SACCOs) or cooperatives, a move opposed by riders who fear it will exclude poorer operators and create opportunities for exploitative cartels.
- There are fears that devolving regulation to county governments could lead to inconsistent rules, corruption, and undermining the sector's stability and performance.
- The bill's provisions, such as the requirement for formal contracts and specific safety gear, are seen as unrealistic and unaffordable in a sector characterized by informal, flexible arrangements.
- Amidst the controversy, boda boda representatives are calling on Parliament to reject or amend the Bill to avoid economic exclusion, reinforce self-regulation through cooperatives, and harmonize existing laws under the National Transport and Safety Authority (NTSA) rather than creating overlapping county structures.
