Members of the National Assembly have rejected Senator Boni Khalwale's application to withdraw his controversial Bodaboda Bill.
The Kakamega senator sought to withdraw the Public Transport (Motorcycle Regulation) Bill, Senate Bill No. 38 of 2023, a month ago, citing widespread public outcry regarding some of the provisions of the bill.
However, in its May 28 sitting, the MPs declined his application, voting for the bill to proceed to its second reading.
The Bill that seeks to introduce a regulatory framework to govern the operations of motorcycles at the county level was passed by the Senate on December 4, 2024. It had its first reading at the National Assembly on March 7.
On April 22, National Assembly Speaker Moses Wetang'ula announced that the Senate had sought consideration for the withdrawal of the Bill, a process that was undertaken on Wednesday, May 28.
“Honourable members, if you recall, the Bill from the Senator for Kakamega seeks to introduce regulation and bring order to the bodaboda sector. He has since written to this House requesting its withdrawal, despite the Bill having already passed through the Senate,” stated the Speaker.
Following the decision by the MPs, the Bodaboda Bill will now be submitted to the Departmental Committee on Transport and Infrastructure for public participation and thereafter have its Second reading.
If passed into law, it will see the establishment, composition, and functions of the County Motorcycle Transport and Safety Board in every county and introduce new provisions for bodaboda registration, operation, and safety.
The board will be responsible for the regulation, management, and coordination of all matters relating to the bodaboda transport sector within the county, including registration and licensing of motorcycle riders, designated parking, and routes.
Bodaboda riders will be required to apply for registration from the board in order to operate a motorcycle for commercial purposes in the county, a process that will incur a prescribed fee. The board will then issue a certificate of registration to the applicant if it is satisfied that the motorcycle meets the requirements prescribed under the Act.
If found guilty of violating the requirement of registration, one will be liable on conviction to a fine not exceeding Ksh20,000 or imprisonment for a term not exceeding six months or both.
Other functions of the board will be developing policies, regulations, and guidelines on motorcycle transport and safety matters within the county, as well as ensuring compliance by bodaboda operators.
It will also develop and implement programs to promote road safety, including training and education of riders and passengers. As such, it should develop a training course that all boda boda riders will be obligated to complete to be allowed to operate a motorcycle.
The Board will be obligated to ensure that training courses in authorised driving schools include training on safe and defensive riding techniques, traffic laws and regulations, customer care and etiquette, handling of emergencies, basic motorcycle maintenance, and security awareness and precautions.
The 10-member Board will consist of a chairperson appointed by the county governor, the county executive committee member for transport, the county executive committee member for finance, the county attorney, and the county police commander or a representative designated in writing.
Four members of the board will be appointed by the CECM Transport, while two others will be appointed by the transport boss to represent groups with special interests in the motorcycle transportation industry.
