Members of the National Assembly have voted against Senator Boni Khalwale’s request to withdraw his highly debated Bodaboda Bill. This means stricter laws for motorcycle operators could soon be on the way.
Senator Khalwale, who represents Kakamega, had earlier submitted an application to pull back the Public Transport (Motorcycle Regulation) Bill, Senate Bill No. 38 of 2023.
He made this move a month ago following public outrage over several parts of the proposed law. Many Kenyans, especially those involved in the bodaboda business, raised concerns that the bill would introduce tough conditions affecting their operations.
Despite his withdrawal request, lawmakers in Parliament, during their sitting on May 28, chose to move forward with the bill. They voted to allow it to proceed to the second reading stage in the legislative process.
This bill was initially passed by the Senate on December 4, 2024, and later had its first reading in the National Assembly on March 7.
Then, on April 22, Speaker of the National Assembly Moses Wetang’ula told MPs that the Senate had formally asked for the withdrawal of the bill, which was finally addressed on May 28.
“Honourable members, you will remember that the bill by the Senator for Kakamega aims to introduce regulations to bring some order into the bodaboda sector.
However, he has written to this House asking to withdraw it, even though it had already been passed by the Senate,” Speaker Wetang’ula said.
Following the MPs’ decision, the bill will now be reviewed by the Departmental Committee on Transport and Infrastructure. The committee will also carry out public participation sessions before the bill goes through its second reading in the House.
If the bill is eventually passed into law, it will create a clear legal structure to govern motorcycle operations in every county. One of the major highlights is the formation of a County Motorcycle Transport and Safety Board in each county across Kenya.
This board will be responsible for managing, regulating, and coordinating all activities related to bodaboda transport.
It will take charge of important functions such as the registration and licensing of motorcycle riders, setting designated parking spaces, and creating official routes for bodabodas.
To operate a motorcycle commercially within any county, riders will now have to register with the board. This process will come with a set fee. If the board is satisfied that the motorcycle and the rider meet all required standards, it will issue a certificate of registration.
Riders who fail to register as required will face serious consequences. Anyone found operating without proper registration may be fined up to Ksh20,000, jailed for up to six months, or both, if convicted.
In addition to registration and licensing, the board will play a big role in forming policies, setting up regulations, and giving guidance on how the bodaboda sector should operate safely and effectively within each county. The board will also make sure that all operators follow these rules.
Another major responsibility of the board will be promoting road safety among riders and passengers. This includes coming up with training programs that all commercial motorcycle riders must complete before they can operate legally.
The training programs will be offered through authorized driving schools and will cover important areas like safe and defensive riding, understanding traffic rules, good customer service, how to handle emergency situations, basic bike maintenance, and being aware of security risks and how to manage them.
Each County Motorcycle Transport and Safety Board will consist of 10 members. These will include a chairperson chosen by the county governor, the County Executive Committee Member (CECM) for Transport, the CECM for Finance, the County Attorney, and the County Police Commander or a written representative.
Additionally, four other members will be appointed by the CECM for Transport. Two more will be selected to represent groups that have special interests in the bodaboda industry, such as rider associations or community safety organizations.
Overall, the bill is aimed at cleaning up the bodaboda sector, making it more organized, safer for passengers and riders, and more accountable to the public.
But its strict measures, including mandatory training and licensing, are likely to spark even more debate among operators and leaders in the coming weeks.
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