The Public Transport (Motorcycle Regulation) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Mandatory Registration and Cooperative Membership
Any person wishing to operate a motorcycle for commercial purposes must register with the county executive committee member and pay a prescribed fee. Additionally, owners of commercial motorcycles are required to register with a cooperative society recognized under the Cooperative Societies Act (Cap. 490) to prevent the formation of unauthorized cartels.
Written Employment Contracts Required
Under Clause 20, motorcycle owners who engage the services of a rider must execute a written contract. The contract must outline:
- Terms and conditions of engagement
- Contract duration
- Remuneration and benefits
- Working hours and overtime arrangements
- Procedures for termination
Safety Equipment and Carriage Limits
Owners must issue riders with two helmets and two reflective jackets complying with Kenya Bureau of Standards (KEBS) rules, embossed with the vehicle's registration number. Carriage restrictions are strictly defined:
- Two-wheeled motorcycles may only carry one adult passenger at a time.
- Three-wheeled motorcycles may carry up to three passengers.
- Load weight is capped at 50 kilograms, with a maximum width of 15 centimeters beyond the handlebars and a height limit of 2 meters from the ground.
Tracking Devices and PSV Insurance
Every motorcycle owner must secure a minimum of a motor commercial public service vehicle (PSV) insurance cover. Owners are also obligated to install approved security tracking devices to facilitate real-time location monitoring, which must be registered in a database maintained by the county executive committee.
Fines of Up to KSh 100,000 for Ganging Up
The Bill introduces strict penalties for traffic and behavioral offenses:
- Ganging Up: Participating in assembly to intimidate or threaten others during an incident carries a fine of up to KSh 100,000, imprisonment for up to one year, or both.
- Riding on Pavements: Riding on pedestrian walkways or in the opposite direction on one-way streets is punishable by a fine of up to KSh 20,000, imprisonment for up to six months, or both.
- General Penalty: Any general contravention of the Act is subject to a fine of up to KSh 20,000 or up to six months in prison.
Bill No.
Bill No. 38 of 2023
Gazette No.
Supplement No. 158 of 2023
Background
The Public Transport (Motorcycle Regulation) Bill, 2023, is designed to bring order, safety, and structured governance to Kenya's commercial motorcycle (bodaboda) subsector. Recognizing the rapid growth of motorcycle transport, the Bill establishes county-level oversight while setting national baselines for training, safety equipment, commercial operations, and rider welfare.
Key Amendments
- National Transport and Safety Authority Act: The Bill repeals Sections 21 and 22 of the National Transport and Safety Authority Act (No. 33 of 2012), effectively shifting primary regulatory and enforcement oversight of commercial motorcycles to county governments.
- Establishment of County Boards: The county executive committee member may delegate functions to a County Motorcycle Transport and Safety Board consisting of a chairperson appointed by the governor, county officials, police representatives, and representatives from the bodaboda rider and owner associations.
New Obligations
For Motorcycle Owners
- Written Agreements: Owners must enter into formal, written employment contracts with their riders. County executive committee members will provide model contracts.
- Equipment Issuance: Owners must supply riders with two standardized helmets and two reflective jackets featuring the motorcycle's registration number embossed on them.
- Security Devices: Owners must install an approved security tracking device for real-time location monitoring and report any device malfunctions to the county executive committee.
- Insurance: Owners must procure and maintain a motor commercial public service vehicle insurance cover.
For Riders
- Licensing and Registration: Riders must hold a valid driving license and a county-issued certificate of registration (renewed annually).
- Mandatory Training: Riders must successfully complete an approved training course covering defensive riding, traffic laws, customer care, emergency situations, maintenance, and security awareness.
- Operational Rules: Riders must keep headlights on at all times, avoid lane-splitting near junctions or when traffic is moving faster than 15 kilometers per hour, ensure passengers sit astride, and never carry more than one adult passenger (for two-wheeled vehicles).
For Passengers
- Safety Gear: Passengers must wear a helmet and reflective jacket whenever being transported on a commercial motorcycle.
Penalties
- Ganging Up (Clause 31): Any rider participating in ganging up to threaten, intimidate, or harm another person during an incident is liable upon conviction to a fine not exceeding KSh 100,000, imprisonment for a term not exceeding one year, or both.
- Pavement Riding and Wrong-Way Traffic (Clause 30): Riding on pedestrian walkways or traveling in the opposite direction on one-way streets carries a fine of up to KSh 20,000, imprisonment for up to six months, or both.
- General Violations (Clause 32): Any offense under the Act where no specific penalty is provided is subject to a fine not exceeding KSh 20,000, imprisonment for up to six months, or both.
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