Khalwale withdraws Bill seeking to regulate boda boda industry after public outcry
According to Wetang’ula, the Speaker of the Senate formally requested the withdrawal of the Bill in a letter dated March 7, 2025, citing feedback from the public that prompted Senator Khalwale to reconsider its continuation.
Kakamega Senator Boni Khalwale has withdrawn the Public Transport (Motorcycle Regulation) Bill following widespread public outcry over some of its provisions.
National Assembly Speaker Moses Wetang’ula conveyed the message from the Senate, noting that Khalwale cited intense public opposition as the main reason behind his decision to pull back the proposed legislation.
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“The House is aware that the committee had begun engaging stakeholders on the Bill. Notwithstanding this, Honourable Members have since received a letter from the Speaker of the Senate informing that the sponsor of the Bill in the Senate requests its withdrawal and cessation of further consideration,” Wetang’ula said.
According to Wetang’ula, the Speaker of the Senate formally requested the withdrawal of the Bill in a letter dated March 7, 2025, citing feedback from the public that prompted Senator Khalwale to reconsider its continuation.
“This request presents a novel procedural scenario, as this is the first time that such a request has been received in the bicameral processing of bills in the Houses of Parliament,” Wetang’ula noted, adding that existing Standing Orders only allow the withdrawal of a Bill by a sponsor from the National Assembly.
The Bill, Senate Bill No. 38 of 2023, had not been co-sponsored by any National Assembly member. Wetang’ula invoked Standing Order 1 to offer direction, as the House’s rules do not contemplate withdrawal by a non-member of the chamber.
“To ensure order and predictability in bicameral proceedings and processing of Bills, the matter shall be considered by the House by way of a motion to discharge the particular Bill from second reading,” he said.
Cease its consideration
Wetang’ula said the notice for this motion will be issued by the Chairperson of the Departmental Committee on Transport and Infrastructure. If the House approves the motion, the Bill will be considered withdrawn, and the committee will cease its consideration. However, if the motion is defeated, legislative processing will continue.
“Honourable Members, if this House feels strongly that we need to proceed with that Bill, regardless of the feelings of the original sponsor, and you negative the motion, then the Bill will go on to the end. If you agree with the committee chair, then the Bill will collapse there,” Wetang’ula said.
The proposed legislation aimed to establish a legal framework to regulate boda bodas and tuk-tuks through provisions on registration, operation and safety, particularly at the county level.
Some key proposals in the Bill included mandatory number plates on both the front and back of motorcycles, colour branding for commercial use, and periodic inspections to ensure safety compliance. It also provided for employment contracts for riders, a national oversight board, and a three-year grace period for compliance on older motorcycles.
However, the Bill triggered massive resistance, especially from the Boda Boda Safety Association of Kenya (BAK), which argued that operators were not adequately consulted.
“This Bill has been drafted and tabled without incorporating the voices and concerns of boda boda operators, making it both unfair and impractical,” BAK said in a statement issued in February.
They warned that the Bill, if passed, would introduce harsh penalties without addressing systemic issues such as poor road infrastructure, lack of access to training, and the need for regulatory support.
“The government must engage with us in open dialogue to craft policies that enhance safety, order, and economic growth without unfairly targeting hardworking operators,” the association said.
BAK stressed that while they support road safety and professionalism, the legislation must reflect ground realities and be developed in consultation with those it directly affects. The group threatened nationwide demonstrations if their concerns were ignored.
“We urge all boda boda operators countrywide to remain vigilant and stand united in rejecting this oppressive legislation. Our voices must be heard, and our rights must be respected,” the association warned.
Despite amendments made by the Senate Roads and Transportation Committee, such as the addition of colour codes and extended grace periods, the uproar persisted.
Senator Khalwale maintained that the Bill’s objective was to provide structure and safety in a sector that remains critical for millions of Kenyans, especially in informal and rural transport.
“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,” the Bill read in part.
However, the overwhelming backlash forced the Senator to bow to public pressure. Parliament is now expected to debate and vote on the motion to formally discontinue the Bill’s consideration.
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