Khalwale withdraws bill on boda boda transport

Senate Chief Whip Boni Khalwale has withdrawn the Public Transport (Motorcycle regulation) Bill Number 38 of 2023, which sought to regulate the boda boda sector.

Mr Khalwale withdrew the bill, which had already been approved by the Senate and had been sent to the National Assembly for concurrence, after considering issues raised by stakeholders during public participation.

The Kakamega Senator said Senate Speaker Amason Kingi had already informed National Assembly Speaker Moses Wetangula of the intention to withdraw the bill, to give stakeholders time to deliberate more.

“The stakeholders in the boda boda sector raised pertinent issues such as weight of load they should carry among other issues. I would be exercising legislative impunity if I go on with this bill as it is. That is why I have withdrawn it, we will live to fight another day,” said Khalwale.

The bill sought new provisions for registration, operation and safety at the county level, providing for registration of boda boda riders and cross-county recognition of registration by respective boards in every county.

The Khalwale bill stated that a person shall not operate a boda boda unless they have completed training with an approved course which includes: safe and defensive riding techniques, traffic laws and regulations, customer care and etiquette, handling of emergencies, basic motorcycle maintenance and security awareness.

“Every owner of a motorcycle operating for commercial purposes shall not cause or permit any person to ride their motorcycle unless such person holds a valid driving licence or a valid provisional licence and a valid employment contract,” said Khalwale.

Khalwale sought to have every owner of a boda boda issue to the rider two helmets that comply with the standards established by the Kenya Bureau of Standards and are of the prescribed colour and two reflective jackets which are of the prescribed colour.

“A boda boda rider should not carry more than one person at a time; he should ensure the passenger is on a proper seat with foot rests securely fixed to the motorcycle behind the rider's seat; ensure a passenger sits astride the motorcycle; ensure that the headlights of the motorcycle are on at all times when riding,” said Khalwale.

The bill sought to ensure that loads exceeding 50kg and passengers are not carried at the same time; keep the protective gear in a clean, dry and generally wearable condition.

Khalwale recommended boda boda riders ensure the rear number plates are visible at all times; overtake on the right-hand side and not overtake in the same lane occupied by vehicle being overtaken; observe traffic lights and observe all traffic rules as provided under the Traffic Act and not park in undesignated areas.