The Bill, sponsored by Kakamega lawmaker Dr Boni Khalwale, aims to establish a legal framework for regulating the use of boda bodas and three-wheelers (tuk-tuks) for commercial purposes at the county level. “The principal objective of this Bill is to create a legal framework to regulate motorcycles and three-wheelers in Kenya, introducing new provisions for their registration, operation, and safety,” the Bill states
A Senate committee has recommended that commercial motorcycles, commonly known as boda bodas, be branded in specific colours and undergo regular inspections as part of efforts to regulate the sector. The proposal, outlined in the Public Transportation (Motorcycle Regulations) Bill, 2023, also requires that boda bodas display registration number plates both at the front and rear, in line with the regulations for motor vehicles.
The Bill, sponsored by Kakamega lawmaker Dr Boni Khalwale, aims to establish a legal framework for regulating the use of boda bodas and three-wheelers (tuk-tuks) for commercial purposes at the county level. “The principal objective of this Bill is to create a legal framework to regulate motorcycles and three-wheelers in Kenya, introducing new provisions for their registration, operation, and safety,” the Bill states.
The Senate Roads and Transport Committee, led by Kiambu lawmaker Karungo Wa Thang’wa, has also recommended that the National Transport and Safety Authority (NTSA) and the Ministry of Transport review the Traffic (Registration Plates) Rules to ensure that motorcycle number plates are also displayed at the front. The committee has proposed a grace period of three years for owners of old motorcycles to comply, while new motorcycles must have number plates on the front from the outset.
The committee further observed that motorcycles used for public transport should be inspected and registered as Public Service Vehicles (PSVs) within their respective counties. “We recommend an amendment to ensure that motorcycles used for public transport are registered as PSVs,” reads part of the committee’s report.
Another key recommendation is that boda bodas used for commercial purposes be branded with a colour band prescribed by the county executive member for transport. This move, the committee believes, will help law enforcement officers easily distinguish between commercial motorcycles, which fall under the regulatory framework, and private motorcycles, which do not.
The committee also proposes that the Bill be enhanced to allow counties to develop their own specific regulations for the boda boda sector. Khalwale’s bill also seeks to make passengers responsible for wearing helmets and reflective jackets while being carried, with penalties for non-compliance.
In a bid to address road safety, the Bill outlines fines and imprisonment for those who ride motorcycles on pedestrian walkways or against traffic flow. “Any person found guilty of such an offence shall be liable to a fine not exceeding Sh20,000 or imprisonment for up to six months, or both,” the Bill states.
The latest statistics from the NTSA reveal that boda bodas account for the highest number of road fatalities in the country. In the last three months of 2023, nearly 800 lives were lost due to boda boda-related accidents, far surpassing the 450 fatalities involving drivers and riders.
Currently, there are about 2.5 million registered boda bodas in Kenya, with 1.8 million actively operating. The Bill, which is currently under consideration in the Senate, seeks to impose stricter regulations, including mandatory training for riders and potential license revocations for criminal activity.
In an effort to better manage the sector, the Bill also mandates that boda boda operators be members of a registered cooperative society. “A person shall not operate a motorcycle unless they have completed a training course approved by the Board,” the Bill specifies. Additionally, owners of commercial motorcycles will be required to register with a cooperative society under the Cooperative Societies Act.
Khalwale’s Bill further provides that every boda boda owner who engages a rider must enter into a written employment contract, outlining the terms and conditions of employment, remuneration, working hours, and termination procedures.
These proposed changes are expected to address ongoing safety concerns, improve sector accountability, and help bring structure to the rapidly growing boda boda industry.
