Ksh.100K fine, tracking devices: Inside proposed regulations for boda riders

According to the Public Transport (Motorcycle Regulation) Bill 2023, anyone operating a motorcycle for commercial purposes must register with the respective County Executive Committee (CEC) and pay the requisite fee. 

The County Executive Committee (CEC) members will then submit a register of licensed operators every three months to the National Transport and Safety Authority (NTSA). The owners shall also register with a Cooperative Society recognised under the Cooperative Societies Act. 

The bike owners will be required to install a tracking device to allow for real-time monitoring of the rider's location. 

All tracking devices must be approved by a County Executive member who will maintain a database of all devices in the county. Further, the boda rider shall ensure the device is functional at all times and should report any cases of malfunction or damage to the CEC member. 

A motorcycle owner operating for commercial purposes shall not permit another person to ride their vehicle unless they hold a valid driver's licence that is in line with that class of motorcycle.

Those contracted to ride the motorcycles must possess valid employment contracts with the owners. 

If approved, the bill will require owners to issue the riders with two helmets that comply with the Kenya Bureau of Standards (KEBS) and two reflective jackets. 

Further, they must not carry a load exceeding 50 Kilograms and an adult passenger at the same time. 

Any child below 13 years of age must be accompanied by an adult provided they are seated between the rider and the passenger. 

The bill also stipulates tough penalties; imposing a Ksh.20,000 fine or a 6-month jail term for boda boda riders who either use a pavement, pedestrian walkway or undesignated area. 

Also, any boda boda rider who participates or gangs up with other riders to intimidate, threaten or harm another person risks paying a Ksh.100,000 fine or a one-year jail term or both. 

The bill has faced increasing opposition, with boda boda riders terming the proposed measures as an attempt to suppress over 2 million people within the sector.  

"Mtu yeyote atadhubutu kupitisha hiyo bill, nyumbani direct! Sisi hata hatutangojea hiyo 2027, tuko tayari! Na sisi ndio serikali namba tatu, tuko na national government, county government, na boda boda government,” Boda Boda Association of Kenya Nairobi Chairman, Samuel Waraga stated.