New Proposed Laws for Boda Boda Riders in Kenya
A new Bill, recently introduced in the Senate, is set to bring major changes to boda boda operations in Nairobi and other major towns across Kenya.
If passed, these laws will impose strict penalties on riders who fail to comply with the regulations.
One of the key rules in the proposal states that any rider caught riding a motorcycle on pavements or pedestrian walkways will face a fine of Ksh20,000, a jail sentence of up to six months, or both. This law is aimed at keeping walkways safe for pedestrians and preventing accidents caused by reckless riding.
Crackdown on Boda Boda Groups Harassing People
Another significant change in the proposed law targets boda boda riders who gang up to intimidate, threaten, or harass individuals. Riders found engaging in such behavior will face a fine of up to Ksh100,000, a jail term of up to one year, or both. This move seeks to curb cases where boda boda groups take the law into their own hands, such as attacking motorists involved in accidents or confronting law enforcement officers.
Strict Registration Rules for Commercial Boda Boda Operators
The Public Transport (Motorcycle Regulation) Bill 2023, sponsored by Kakamega Senator Boni Khalwale, will require all boda boda riders operating commercially to register with their respective County Executive Committee Members and pay a prescribed fee.
To regulate and improve safety in the sector, the Bill proposes the creation of a County Motorcycle Transport and Safety Board in every county. The Board will be responsible for overseeing and managing the operations of boda boda transport, including:
- Registering and licensing boda boda riders
- Allocating designated parking areas and specific routes
- Monitoring and enforcing safety rules
Additionally, County Executive Committee Members will be required to submit an updated list of all licensed boda boda operators to the National Transport and Safety Authority (NTSA) every three months to ensure accountability.
Mandatory Tracking Devices on Motorcycles
In a move to curb crime involving boda bodas, the new Bill requires that all motorcycles used for commercial purposes be fitted with a tracking device approved by the County Executive. This device will provide real-time tracking of the motorcycle’s location, making it easier for authorities to monitor movements and respond to security incidents.
Employment Contracts for Riders
The proposed law also seeks to formalize employment in the boda boda sector. It states that every commercial motorcycle owner must ensure that only licensed riders with a valid driver’s or provisional license are allowed to operate their motorcycles. Additionally, the owner must provide a written employment contract for each rider.
The employment contract must outline:
- Terms and conditions of employment
- Duration of employment
- Salary and benefits
- Working hours and overtime rules
- Termination procedures
Safety Gear and Passenger Regulations
To enhance safety, the Bill requires all boda boda owners to provide their riders with two helmets that meet the standards set by the Kenya Bureau of Standards (KEBS). These helmets must be in the prescribed color. Riders must also be given two reflective jackets of the approved color to increase visibility on the roads.
There are also new rules on how passengers and luggage should be carried. Every rider must ensure that they do not carry:
- A passenger and a load exceeding 50 kilograms at the same time
- An adult passenger without a properly worn helmet and reflective jacket
For children, the Bill states that a child under the age of 13 years can only be carried if they are seated between the rider and an adult passenger to ensure safety.
Conclusion
If passed, these new laws will bring stricter regulations to the boda boda sector, aiming to improve safety, professionalism, and accountability.
Riders who fail to comply risk facing heavy fines, license revocation, or jail time. The Bill seeks to create order in the industry and ensure that both riders and passengers adhere to safety rules while using boda bodas for transport or delivery services.
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