Boda boda operators have opposed a proposed law seeking to regulate their sector, warning that if enacted, the Transport (Motorcycle Regulation) Bill, 2023, would deepen poverty for millions of families that rely on the trade for survival.
At a sitting of the National Assembly’s Transport and Infrastructure Committee, lobby groups including the Boda Boda Safety Association of Kenya (BAK) and the Digital Boda Drivers and Deliveries Association of Kenya criticised the Bill, terming it retrogressive, punitive, and disconnected from the economic realities of daily life for riders.
The Bill, sponsored by Kakamega Senator Boni Khalwale, seeks to regulate the sector at the county level by introducing new provisions on registration, licensing, safety, and tracking.
Kakamega Senator Boni Khalwale.
Photo credit: Dennis Onsongo | Nation Media Group
If passed, it would establish County Executive Committees to manage motorcycle transport and require commercial riders to obtain annual registration certificates, undergo training, install GPS tracking devices, and take out insurance.
While intended to enhance safety and order, the Bill has been met with fierce resistance from operators.
“This Bill doesn’t bring safety — it brings suffering. It doesn’t protect livelihoods — it threatens to wipe them out,” said Kevin Mubadi, BAK President.
Mr Mubadi called on MPs to reject the proposed creation of 47 county-level transport boards, arguing it duplicates the mandate of the National Transport and Safety Authority (NTSA) and existing county transport departments.
“Establishing these boards will require substantial funding for secretariats, salaries, and allowances. That burden will either fall on already overstretched county budgets or be passed on to riders through hefty fees, making the business unsustainable,” he said.
The BAK further warned that decentralising powers such as registration, route allocation, and licensing to counties could lead to corruption, rent-seeking, and inconsistent enforcement, hindering inter-county operations.
Appearing alongside the boda boda lobbyists, Inspector General of Police Douglas Kanja told the committee that while the Bill is a step in the right direction, it must be aligned with existing laws.
“Therefore, the service is of the considered view that regulation of the boda boda sector should be integrated within the existing legal framework to ensure uniformity and coherence,” Mr Kanja said.
Inspector-General of Police Douglas Kanja.
Photo credit: File | Nation Media Group
“We recommend that the proposed provisions be incorporated into the Traffic Act (Cap 403) and the NTSA Act (Cap 33A) to ensure uniformity."
Mr Kanja noted that the sector is a significant source of employment and its regulation must be coherent with national laws.
The Digital Boda Drivers and Deliveries Association of Kenya also rejected the Bill, calling for the removal of proposals requiring the installation of GPS tracking devices and the formation of County Executive Committees.
“There’s no justification for mandatory tracking. It’s intrusive, costly, and may be unfair when not uniformly applied across the transport sector,” said Calvin Okumu, the association's president.
Both associations questioned the requirement for riders to re-register at the county level despite already being registered on the NTSA digital platform.
“Why are we being asked to register again, to pay again, to verify again? This is not regulation — this is punishment,” said Mr Mubadi.
The Bill also mandates that all boda boda operators join SACCOs, which the lobby groups say undermines freedom of association and may exclude the poorest riders from operating.
Further, a clause barring riders from transporting goods exceeding 50kg was criticised as impractical and harmful to rural commerce.
“A sack of maize weighs more than 90kg. This clause criminalises food transport and threatens small businesses and rural farmers,” warned Mr Mubadi.
The groups also argued that requiring formal employment contracts ignores the informal, flexible nature of most boda boda operations.
They urged Parliament to instead strengthen the NTSA, streamline existing systems, and involve riders in shaping future regulation.
The Bill is currently under review by the National Assembly and awaits approval before being enacted into law.
