The Senate has drafted a new law that seeks to regulate how the motorcycle transport sector is conducted in the country.
The Public Transport (Motorcycle Regulation) Bill 2023, sponsored by Kakamega Senator Dr. Boni Khalwale, proposes the introduction of a number of regulations touching on registration, operation, and management of the sector at the county level.
It also proposes the establishment of a County Motorcycle Transport and Safety Board that motorcyclists adhere to the provisions of the Bill.
A County Executive Committee member in charge of transport shall be responsible for the regulation, management, and coordination of all matters relating to the bodaboda transport sector at the county level.
Article 33(2) of the Bill 2023 obliges riders to cooperate with officers of the board in ensuring they comply with the new law.
“The owner or rider of a motorcycle shall cooperate with an authorized officer conducting an inspection under this section and shall provide all necessary documents and information. An authorized officer may require the owner, the owner, or rider of a motorcycle to produce proof of registration, insurance, and any other documents required by this Act,” reads Article 33(3,4) of the Bill.
Article 16 of the Bill also provides that all riders must have valid driving licenses from training institutions approved by the National Transport Authority (Ntsa).
In addition, according to Article 16(2), NTSA requires that riders have acquired training on customer care and etiquette, be in a position to handle emergency situations, and possess basic motorcycle maintenance and security awareness and precautions certificates.
In case the bill becomes law, riders will no longer be allowed to ferry two pillion passengers at a time.
The law also prohibits riders from carrying a pillion passenger alongside a load exceeding 50 kilograms.
However, according to Article 17(2), a child who is less than thirteen years old may be carried together with an adult passenger provided the kid is seated between the rider and the adult passenger.
The proposed law also grants authority to the CEC in charge of Transport to authorize the use of motorcycle ambulances equipped with medical equipment and supplies as long as such are approved by the relevant national and county health authorities.
Nevertheless, such ambulances must be operated by trained medical personnel with valid medical licenses.
Article 28 further mandates bodaboda operators to fit their motorcycles with security devices which are subject to the provision of the Data Protection Act.
Such devices must be approved by the CEC in charge of transport.
“The security device referred to in sub-section (1) shall include a tracking device that allows for real-time monitoring of the location of the motorcycle. The owner or rider of a motorcycle shall ensure that the security device is functional at all times and shall report any malfunction or damage to the device to the county executive committee member,” proposes Article 28(2,4) of the act.
A person who contravenes the provision of the Act and whose provision is not provided for elsewhere under the Bill is liable on conviction to a fine not exceeding Sh20,000 or to imprisonment for a term not exceeding six months or both, according to Article 32 of the legislation.
However, Nyeri bodaboda Chairperson Charles Ndegwa has faulted the proposed regulations, saying they were formulated without their input and says he only came to learn about the Bill through the media.
He questioned the rationale behind the new law including a proposal mandating the County Government regulate the industry which has always been under the national government.
“This Bill is not meant to promote the welfare of the bodaboda sector but rather to bring it to its knees. For one, we never invited during its initial formulation so that we could present our views. Secondly, placing the sector under the ambit of the Governor is quite improper since this is a person who is a politician surrounded with people with vested self-interests who cannot be of much help to us. Let us remain under the office of the County Commissioner, who has no political leanings. Boda boda operators are not politicians and therefore should not be answerable to any politician,” he said.
Ndegwa claims many of the provisions in the bill are untenable to the sector, especially for those operating in rural areas where motorcycles remain the only mode of transport.
The official disclosed that he has already embarked on the process of distributing copies to 1,200 members of his sacco to help them familiarize themselves with its contents.
He faults article 17(1d, f) that prohibits riders from carrying a load exceeding 50 kilograms alongside a passenger, terming such a requirement impractical.
Ndegwa also argues that imposing a Sh50,000 fine for those found flouting the provisions of the Act is quite unreasonable given the difficult economic situation currently dogging the sector.
“While some of the proposed legislation are quite in order, there is a need to relook at others that may end up hurting our operations more. For instance, while the Bill recommends us to be ferrying only one passenger at a time, it is silent on what happens in case such a passenger is an elderly or sick person needing assistance,” he posed.
“In addition, the Bill proposes those who engage the services of a rider to do so through a written contract. However, the Bill is again silent on what happens if the same person uses your motorcycle to commit a crime since such a contract is binding and you cannot dismiss him on the spot.’’
Paul Mwangi, another bodaboda rider, has expressed disappointment with the requirement to fit motorcycles with security tracking devices.
Mwangi has also opposed plans to place the sector under the county government administration, warning this will be counterproductive in their operations.
He said the county government may take advantage of the new laws to levy additional taxes on bodaboda operators still reeling under effects of the current hard economic situation.
“We are not criminals. We are only trying to earn a decent living. Directing us to install trackers on our motorcycles is forcing us out of business since these gadgets require a tidy sum of money, a luxury we can ill afford. If the County government will provide the gadgets free of charge, we have no problem with that,” said Mwangi
Robert Ngari, another operator, has a faulted proposal limiting the amount of load a rider can carry at a go.
He says such a provision fails to put into recognition the challenges of mobility in the rural areas that dog those living in such places.
“Limiting us to be ferrying loads of up to 50 kg is unrealistic. I find it unreasonable for the Senate to propose that we cannot carry a 50-kilogram load and a passenger at the same time. Sometimes, passengers come with heavy luggage, and it is part of our responsibility to help them get to their destinations. This bill ignores the economic realities we face in our day-to-day errands, “claims Ngari.
However, Stephen Mwaniki has welcomed the new regulations, insisting they will go a long way in streamlining the sector.
Mwaniki says, notwithstanding the sticky issues, the safety and security of both the rider and his pillion passenger remain paramount and should be guarded at all costs.
“I fully concur that helmets can save lives in the event of an accident. I often have some reservations regarding the condition of the helmets we provide. Many customers have rightfully pointed out that a lot of our helmets are dirty and not well maintained. As riders, we want to ensure that our passengers feel safe and comfortable,” said Mwaniki.
By Samuel Maina and Geoffrey Chawira
