The Public Transport (Motorcycle Regulation) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
New County Boards to Regulate Bodabodas
Establishes a County Motorcycle Transport and Safety Board in every county (Section 4) to manage the commercial motorcycle sector. The Board's duties include registering and licensing riders, designating parking areas, and administering safety training programs (Section 6).
Owners Must Provide Written Employment Contracts
Requires motorcycle owners who hire riders to enter into a written employment contract (Section 14). The agreement must explicitly cover the terms of employment, contract duration, remuneration, working hours, and termination procedures.
Real-Time Tracking Devices Mandated for All Bodabodas
Obligates every commercial motorcycle owner to ensure their vehicle is fitted with an approved security tracking device that allows for real-time location monitoring (Section 23). Data collection is strictly subject to the Data Protection Act.
Up to KSh 100,000 Fine for Rider Intimidation
Outlaws the practice of riders "ganging up" to threaten, intimidate, or harm individuals following road accidents or other traffic incidents (Section 26). Offenders face a fine of up to KSh 100,000, imprisonment for up to one year, or both.
Two Helmets and Reflective Jackets Mandated
Mandates that motorcycle sellers and owners supply riders with two helmets and two reflective jackets complying with Kenya Bureau of Standards (KEBS) guidelines (Sections 11 and 21). Both riders and passengers must wear this protective gear at all times.
Bill No.
Senate Bills No. 38
Gazette No.
Supplement No. 158
Sponsor
Boni Khalwale
Background
The commercial motorcycle (bodaboda) sector is a critical transport and economic driver in Kenya. However, safety concerns, lack of formalization, and security risks have prompted the need for structured regulation. The Public Transport (Motorcycle Regulation) Bill, 2023 seeks to establish county-level oversight to register riders, formalize labor agreements, enforce traffic laws, and improve overall public safety.
Key Amendments
- County Boards: Establishes the County Motorcycle Transport and Safety Board (Section 4) in each county, comprising transport, finance, and security representatives, to manage local motorcycle transport.
- Cross-County Recognition: Ensures that motorcycle rider registration in one county is recognized by other counties across Kenya (Section 8).
- Sacco Membership: Obligates commercial owners and riders to register with a Savings and Cooperative Society (Sacco) recognized under the Cooperative Societies Act (Section 9).
New Obligations
- Training and Licensing: Riders must complete approved training courses covering defensive riding, traffic regulations, customer care, and emergency response (Section 10). They must hold a valid driving license and a county registration certificate (Section 12).
- Passenger and Load Limits: Two-wheeled motorcycles may carry only one passenger (sitting astride behind the rider) and loads must not exceed 50kg alongside passengers (Sections 12 & 16). Three-wheeled motorcycles can carry up to three passengers and have a 250cc engine limit (Sections 12, 15, & 16).
- Safety Gear: Owners must issue, and sellers must supply, two helmets and two reflective jackets meeting Kenya Bureau of Standards (KEBS) requirements (Sections 11 & 21). Both riders and passengers must wear them properly (Section 13).
- Employment Contracts: Owners engaging riders must enter into written employment contracts detailing working hours, remuneration, and termination procedures (Section 14).
- Tracking Devices: Owners must install an approved security/tracking device for real-time monitoring, subject to the Data Protection Act (Section 23).
- Specialized Operators: Introduces distinct regulations and licensing for motorcycle ambulances (operated by trained medical personnel) and delivery/courier motorcycles (fitted with proper storage and barred from carrying passengers) (Sections 18 & 19).
Penalties
- Ganging Up / Intimidation: Participating in rider gangs to threaten or intimidate others after an incident yields a fine up to KSh 100,000, imprisonment up to one year, or both (Section 26).
- Pavement Riding / Opposite Traffic: Riding on pedestrian walkways or going the wrong way on one-way streets attracts a fine up to KSh 20,000, imprisonment up to six months, or both (Section 25).
- Carriage for Offenses: Riders knowingly carrying individuals intending to commit crimes are strictly liable for any resulting offenses (Section 24).
- General Violations: Any violation of the Act without a specified penalty attracts a fine up to KSh 20,000, imprisonment up to six months, or both (Section 27).
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