NAIROBI, Kenya, July 26 – Boda boda operators have strongly opposed the proposed Public Transport (Motorcycle Regulation) Bill, 2023, warning that its implementation could push millions of Kenyans deeper into poverty and destabilize the informal transport industry.
Appearing before the National Assembly’s Committee on Transport and Infrastructure on Thursday, representatives from the Boda Boda Safety Association of Kenya and the Digital Boda Drivers and Deliveries Association described the Bill as duplicative, overly bureaucratic, financially punitive, and impractical.
“The Bill, in its current form, is fundamentally flawed,” said Kevin Mubadi, Chairperson of the Boda Boda Safety Association of Kenya. “Instead of addressing existing challenges, it introduces costly new layers of governance, stifles economic activity, and risks pushing millions into destitution.”
Mubadi told lawmakers that the boda boda sector employs more than two million riders across the country, serving as a critical driver of last-mile connectivity, youth employment, and grassroots commerce. He warned that ill-conceived regulations could destabilize an entire economic ecosystem.
The contentious Bill, sponsored by Kakamega Senator Boni Khalwale and already passed by the Senate, is currently under review by the National Assembly. It proposes to:
- Transfer oversight of boda boda operations to county governments
- Mandate GPS tracking devices on all motorcycles
- Impose penalties of up to Sh100,000 or one-year imprisonment for riders involved in coordinated assaults
- Enforce a 50-kilogram weight limit for motorcycle loads
- Require all riders to join a Sacco
- Establish county-level transport boards to manage registration, licensing, and route allocation
However, sector representatives say these measures will introduce new opportunities for corruption, undermine inter-county business, and impose unsustainable costs on operators.
“The creation of 47 county transport and safety boards opens the door to corruption and regulatory inconsistency,” Mubadi said. “It will hinder inter-county commerce and duplicate roles already handled by national agencies like NTSA.”
He called on Parliament to abandon the Bill and instead conduct a comprehensive, stakeholder-driven review of existing legislation—particularly the Traffic Act and the NTSA Act—to address regulatory gaps in a more coordinated manner.
Inspector General of Police Douglas Kanja also raised concerns, urging Parliament to align the proposed legislation with existing laws. He suggested that boda boda regulation should be integrated into the Traffic Act (Cap 403) and the National Transport and Safety Authority Act (Cap 33A) to ensure consistency and avoid overlapping mandates.
“The role of the County Executive Committee Member should be anchored within the NTSA Act, which remains the primary legal framework for managing public transport,” Kanja told the committee. “Any new functions should be introduced under Section 21 of the NTSA Act to promote regulatory harmony.”
He added that localized issues—such as motorcycle ambulances, parking fees, and business permits—should be addressed through county-specific laws that reflect regional realities.
Digital Boda Drivers and Deliveries Association Chairperson Calvins Okumu also criticised the proposal to install GPS trackers on motorcycles, calling it intrusive and unnecessary. He argued that supporting rider-led cooperatives would foster better compliance and accountability.
“Promoting self-regulation through well-structured cooperative societies will yield greater results than heavy-handed enforcement,” Okumu said.
The Transport Committee is now consolidating feedback from stakeholders ahead of tabling its final recommendations in the National Assembly.
