Senators are contemplating passing a law that would curb the hawking menace countrywide.
The Street Vendors (Protection of Livelihood) Bill, 2021 contains new fines, prison sentences and discusses the registration and licensing of hawkers.
Trade CS Betty Maina will be authorised with overseeing the laws (if passed) and coordinating the 47 counties to enforce the new measures.
Hawkers will be required to operate in demarcated vending zones. Licensed hawkers will operate in a restriction-free vending zone. Not all licensed hawkers will operate in restricted-vending zones as it will be subject to only special cases.
T traders will, nonetheless, be prohibited from operating in the no-vending zones. Markets will be designated as either restriction-free or restricted vending zones.
All hawkers will be required to be registered in their respective counties and in a national database maintained by the Ministry of Trade before being issued with certificates of registration and licenses for operation. The fees will vary depending on each counties' laws.
The traders will be required to apply for license renewal 30 days before expiry dates. Hawkers who break the above laws will part with Ksh10,000 to Ksh200,000 per month, face jail terms of up to 1 year or be subjected to both fines and imprisonment.
Their licenses can also be revoked entirely or for a period of one year. Those who fail to relocate after being issued with notices will pay Ksh10,000 per day of default or an amount less than the value of the goods seized from the streets.
However, the bill also protects hawkers from mistreatment by county askaris who have been accused of bribes and forceful arrests. The bill stipulates that before being evicted from zones, county askaris should prove that the traders have disregarded stipulated laws such as failure to renew licenses or operating illegally.
A licensed hawker will be given a 30-day notice by the county before being kicked out of their stalls.
"While confiscating goods, an askari will issue a hawker with a receipt consisting of the specific goods confiscated, the approximate value of goods, the reason for confiscation and location and time where and when goods may be recovered from.
"Counties will also be required to provide sanitation and good infrastructure for vendors," the proposed measures read.
