Boda boda operators threaten Nationwide protests over Senate Bill

The Boda Boda Safety Association of Kenya (BAK) has condemned the recently introduced Senate Boda Boda Bill, accusing lawmakers of side-lining operators in drafting regulations that directly impact their industry.

According to BAK, the Bill threatens the livelihoods of millions of riders by imposing punitive measures without addressing the real challenges they face.

The association argues that boda boda operators, who provide an essential mode of transport for millions of Kenyans, must be fully involved in shaping policies that affect their industry.

"This Bill has been drafted and tabled without incorporating the voices and concerns of boda boda operators, making it both unfair and impractical," BAK stated on Thursday.

The association is demanding the immediate withdrawal of the Bill, calling for a transparent and inclusive process that brings together boda boda representatives, policymakers, and other stakeholders.

"The government must engage with us in open dialogue to craft policies that enhance safety, order, and economic growth without unfairly targeting hardworking operators," BAK said.

While stressing their commitment to road safety, discipline, and professionalism within the industry, the association warned that if their concerns are not addressed, they will have no choice but to call for nationwide demonstrations.

"We urge all boda boda operators across the country to remain vigilant and stand united in rejecting this oppressive legislation. Our voices must be heard, and our rights must be respected," the statement read.

BAK has now called on Parliament to reconsider the Bill and work with them to develop a fair and practical legal framework that supports the sector while addressing safety and operational concerns.

Last month, the Senate Roads and Transportation Committee introduced several amendments to the Public Transportation (Motorcycle Regulations) Bill, 2023. Under the proposed law, boda bodas will need to display number plates at both the front and back, a rule that already applies to regular vehicles.

This step is meant to improve identification and hold operators accountable.

In addition, motorcycles will be marked with designated colours to clearly separate public service vehicles from private ones.

Kakamega Senator Boni Khalwale, the sponsor of the Bill, said the aim is to create a legal framework for operating motorcycles and three-wheelers, commonly known as tuk-tuks, at the county level.

"The principal objective of this Bill is to put in place a legal framework to regulate the use of motorcycles (boda bodas) and three-wheelers (tuk-tuks) in Kenya, by introducing new provisions for their registration, operation, and safety at the county level," reads the bill in part.

The Bill also calls for regular inspections to make sure boda bodas meet safety standards.

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Motorcycles used for public transport will be treated as public service vehicles and must go through inspections and registration at the county level.

A notable feature of the proposed regulations is a three-year grace period for owners of older motorcycles to comply with the new rules, while all new motorcycles must show number plates at the front.

To help law enforcement distinguish commercial motorcycles from private ones, boda bodas will be branded with specific colour bands chosen by county authorities.

This move will assist police in easily identifying which motorcycles are operating as public service vehicles.

Furthermore, the Bill gives county governments the power to create their own motorcycle rules to meet local needs while keeping a consistent approach to public safety.