The Street Vendors (Protection of Livelihood) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Counties Must Map and Designate Street Vending Zones
Under Clause 5 and Clause 10, county governments are required to survey street vendors and formulate a County Vending Plan every three years. Counties must classify street spaces into restriction-free, restricted, or no-vending zones.
Strict Relocation Rules and Mandatory Alternative Facilities
Clause 13 prohibits county governments from evicting or relocating licensed vendors without prior notice and a hearing. Relocation is only permitted if the county provides alternative spaces equipped with essential services like clean water, sanitation, and security.
New Registration and Licensing Requirements
Clause 16 and Clause 17 make it mandatory for street vendors to be registered and licensed by their respective counties. Under Clause 19, stationary street vendors are explicitly prohibited from subletting, transferring, or selling their allocated vending spaces.
KSh 200,000 Fine for Officers Harassing Vendors
Clause 26 outlaws harassment of street vendors by national or county officers. Officers who cause emotional distress, physical injury, or damage a vendor's goods without legal justification face a fine of up to KSh 200,000, up to one year of imprisonment, or both.
Bill No.
Bill No. 41 of 2023
Gazette No.
Supplement No. 161 of 1st September, 2023
Background
The Street Vendors (Protection of Livelihood) Bill, 2023 addresses the lack of a standardized regulatory and protective framework for informal street traders across Kenya's counties. It seeks to entrench the right to informal trading, ensure designated and structured use of public spaces, and prevent arbitrary harassment and evictions of vendors.
Key Amendments
- Designation of Vending Zones: Under Clause 5, each county executive committee member responsible for trade must demarcate and designate county areas into restriction-free, restricted, or no-vending zones.
- County Vending Plans: Clause 10 obligates counties to conduct a comprehensive survey of street vendors and draft a vending zone plan at least once every three years.
- Eviction and Relocation Safeguards: Clause 13 establishes that licensed street vendors cannot be evicted or relocated without a formal notice, a hearing, and the provision of essential facilities in the new location.
New Obligations
- County Registries: County trade executives must establish and maintain updated, publicly accessible registries of licensed street vendors, including specific records for vendors with disabilities (Clause 15).
- Vendor Standards: Street vendors must operate with valid licenses (Clause 16 & 17). Stationary vendors are prohibited from subletting or transferring their spaces (Clause 19), and all vendors must maintain public hygiene in their vending areas (Clause 28).
- Detailed Confiscation Receipts: If an officer confiscates a vendor's goods, they must immediately issue a detailed receipt indicating the specific items, their estimated value, and the recovery location (Clause 25(2)).
Penalties
- Unauthorised Vending: Operating in restricted or no-vending zones without a permit carries a fine of up to KSh 10,000, imprisonment for up to six months, or both (Clause 9).
- Harassment by Officers: Officers who harass vendors or damage their goods are liable to a fine of up to KSh 200,000, up to one year of imprisonment, or both (Clause 26).
- General Penalty: Any general violation of the Act for which no specific penalty is provided carries a fine of up to KSh 50,000, up to one year of imprisonment, or both (Clause 31).
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