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 Out Vending Zones
Each County Executive Committee (CEC) member responsible for trade must conduct a survey of street vendors within 12 months and formulate a County Vending Zone Plan (Section 10). Counties must demarcate trading areas into restriction-free vending zones, restricted vending zones (requiring special permits), and no-vending zones (Section 5). Surveys must be updated at least once every three years (Section 10(3)).
New Mandatory Licensing and Digital Registry
All street vendors must register and obtain a license from their respective county governments to operate (Section 16 & 17). CEC members must maintain an up-to-date online register of all validly licensed vendors, allow online registration, and enable compliance notifications via mobile phones (Section 15).
No Relocation Without Basic Infrastructure
County governments are prohibited from evicting or relocating licensed street vendors without prior notice and a hearing (Section 13(3)). Furthermore, relocation cannot take place unless the county has provided essential facilities at the new site, including clean water, lighting, security, and waste disposal (Section 13(5)). Failing to vacate after notice carries a fine of up to KSh 10,000 per day of default (Section 13(6)).
KSh 200,000 Penalty for Harassment and Unlawful Confiscation
The Bill penalizes public officers who harass street vendors, cause emotional distress, or damage their property without legitimate cause, carrying a fine of up to KSh 200,000, imprisonment for up to one year, or both (Section 26). Similar penalties apply to officers who fail to issue a detailed receipt when confiscating a vendor's goods (Section 25).
Bill No.
Senate Bills No. 41 of 2023
Gazette No.
Kenya Gazette Supplement No. 161
Sponsor
Esther Anyieni Okenyuri
Background
Small-scale and informal trade contributes significantly to Kenya's economy, yet the sector currently lacks a unified national legal framework. The Street Vendors (Protection of Livelihood) Bill, 2023, aims to entrench the right to informal trading, organize and regulate public spaces used by vendors, and protect them from arbitrary eviction and harassment by national and county authorities.
Key Amendments
While the Bill does not amend existing primary Acts, it establishes a comprehensive statutory structure governing the interaction between local governments and informal traders. Under Section 4, the Cabinet Secretary responsible for trade must establish a national registry of street vendors and prescribe minimum standards for street vending in collaboration with county governments. Under Section 11, county governments are mandated to progressively construct and maintain dedicated vending centres. Additionally, Section 22 requires all food sold by street vendors to be handled in accordance with the Public Health Act and the Food Drugs and Chemical Substances Act.
New Obligations
For County Governments
- County Vending Plans: CEC members must conduct a survey of street vendors within 12 months of the Act's commencement and draft a county vending plan (Section 10).
- Zoning Demarcation: Counties must categorize trading spaces into restriction-free, restricted (permit required), and no-vending zones (Section 5).
- Essential Facilities: Counties must provide basic facilities like clean water, solid waste disposal, security, and lighting at designated vending zones and relocation sites (Section 13 & 24).
- Digital Register: Counties must maintain an online register of licensed street vendors and enable SMS-based compliance alerts (Section 15).
For Street Vendors
- Registration and Licensing: Street vendors must apply for registration and pay annual licensing fees to carry out business legally (Section 16 & 17).
- Hygiene Standards: Stationary vendors must keep their allocated spaces clean, and mobile vendors must dispose of waste responsibly (Section 28).
- Public Utilities Access: Vendors are prohibited from blocking public rights of way, fire hydrants, building entrances, and bus stops (Section 29).
- Sub-letting Restrictions: Stationary vendors are forbidden from sub-letting or transferring their allocated space without county approval (Section 19).
Penalties
- Unauthorized Vending: Operating in a restricted zone without a permit or in a no-vending zone carries a fine of up to KSh 10,000, up to six months' imprisonment, or both (Section 9).
- Refusal to Relocate: Failing to relocate after the notice period carries a daily default fine of up to KSh 10,000, capped at the value of the seized goods (Section 13(6)).
- Illegal Confiscation of Goods: Officers who confiscate goods without issuing a receipt detailing the goods' value, reason for seizure, and recovery details face a fine of up to KSh 200,000, up to one year in prison, or both (Section 25).
- Harassment by Officers: Public officers who cause alarm, distress, physical injury, or damage a vendor's property without a legitimate purpose face a fine of up to KSh 200,000, up to one year in prison, or both (Section 26).
- General Penalty: Any general contraventions of the Act lacking a specific penalty are subject to a fine of up to KSh 100,000, up to one year in prison, or both (Section 31).
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