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The proposed Public Transport (Motorcycle Regulation) Bill has sparked intense debate in Kenya, with boda boda operators voicing strong opposition.
According to a statement by the Boda Boda Safety Association of Kenya (BAK), the Public Transport (Motorcycle Regulation) Bill (Senate Bill No. 38 of 2023), if enacted, could have far-reaching consequences for millions of families and disrupt a crucial economic sector.
BAK has taken a firm stance against the bill sponsored by Kakamega Senator Boni Khalwale, presenting their concerns to the Parliamentary Departmental Committee on Transport and Infrastructure.
BAK President Kevin Mubadi didn't mince words, stating: "This Bill doesn't bring safety—it brings suffering. It doesn't protect livelihoods—it threatens to wipe them out."
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Mounting costs and complicated bureaucracy in the boda boda sector
At the core of the controversy are several provisions that BAK argues will impose unnecessary financial burdens and bureaucratic hurdles on riders who are already struggling to make ends meet.
READ: Dozens of pro-government boda boda riders take to Nairobi streets
One contentious point is the proposed creation of 47 county-level Motorcycle Transport and Safety Boards, which BAK sees as redundant given the existing National Transport and Safety Authority (NTSA).
The bill would require riders to register at the county level, a move that BAK warns could lead to potential exploitation.
Mubadi expressed frustration, asking: "Why are we being asked to register again, to pay again, to verify again? This is not regulation. This is punishment. It's taking the little we earn and giving it to bureaucrats and cartels."
Bill will require all riders to register under a SACCO
Another controversial aspect is the mandatory SACCO membership for riders, which BAK argues infringes on freedom of association and could exclude the most vulnerable operators.
The association also takes issue with requirements for GPS tracking devices, specific colored helmets and jackets, and formal employment contracts.
BAK contends that these measures would significantly increase operational costs and potentially benefit politically connected suppliers.
Mubadi emphasized the financial strain, saying: "We are barely surviving as it is. Now you want to make us pay for trackers, for coloured jackets, for registration twice over, for approvals we don't need? This is not regulation—it is exploitation wearing the mask of policy."
Proposed load limit for boda bodas
The proposed 50kg load limit for boda bodas is another point of contention, with BAK warning it could severely impact rural communities' access to essential goods and services. The association also expressed concerns about the potential negative effects of formal employment contracts on the sector's flexibility.
BAK has called for a complete revision of the proposed law, urging Parliament to engage in a stakeholder-led dialogue to improve existing regulations without penalizing boda boda operators.
This Bill isn’t fixing anything. It's a solution in search of a problem—and it risks undoing years of progress by burying riders under red tape, fees, and fear.
The boda boda sector is not a threat. We are not criminals. We are fathers, mothers, sons, and daughters. We are job creators and community builders. This Bill is a betrayal of our efforts, our struggles, and our contribution to the economy.
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As the debate continues, it's clear that finding a balance between regulation and supporting this vital economic sector will be crucial for Kenya's policymakers.
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