NAIROBI, Kenya, Apr 24 – The National Assembly is set to deliberate a Motion to withdraw the Public Transport (Motorcycle Regulation) Bill, 2023 (Senate Bill No. 38), following a formal request from the Senate prompted by widespread public concern over the proposed legislation.
In a communication to the House on Wednesday, Speaker Moses Wetangula informed Members that the Senate had officially sought to halt further consideration of the Bill, which was sponsored by Kakamega County Senator, Boni Khalwale.
“I have received a letter from the Speaker of the Senate conveying the sponsor’s request to withdraw the Bill from further consideration. The letter, dated March 7, 2025, indicates that the Senator for Kakamega County cited significant public outcry over some provisions of the Bill,” he stated.
The Bill, which aimed to establish a regulatory framework for the operation of motorcycles commonly referred to as bodabodas at the county level, had already undergone First Reading in the National Assembly on February 13, 2025, and was referred to the Departmental Committee on Transport and Infrastructure.
The Speaker noted the unusual nature of the request policy pointing out its the first time such a request has been made.
“This presents a novel procedural scenario, as it is the first time such a withdrawal request has been received during the bicameral legislative process,” he stated.
Wetangula highlighted a procedural gap in the Standing Orders, which currently do not provide for the withdrawal of a Bill by a non-Member of the National Assembly.
“Standing Order 140(1) only contemplates withdrawal by the sponsor of the Bill and does not cover instances where the sponsor sits in the Senate,” he explained.
Wetangula invoked the Standing Orders which allows the Speaker to rule on matters not explicitly covered in the House rules, drawing from the Constitution, statutory law, and established parliamentary practice.
The Speaker referenced practices in other bicameral legislatures such as United Kingdom and India noting that when a Bill is under consideration in a second chamber, its withdrawal typically requires a formal Motion.
“In this regard,the matter shall be brought before the House by way of a Motion to discharge the Bill from Second Reading. Notice of the Motion shall be issued, and it will be moved by the Chairperson of the Departmental Committee on Transport and Infrastructure, which has custody of the Bill,” he ruled.
He further directed the House Business Committee (HBC) to schedule the Motion for consideration at an appropriate time.
“Should the House adopt the Motion, the Bill will be deemed withdrawn, and the Committee shall cease any further deliberations on it,” the Speaker stated.
