New Bill Requires Boda Riders to Install Trackers, Get Insurance and Register With NTSA

Boda boda riders must register with a cooperative society as part of new proposed laws set to streamline the sector.

In what could spell radical changes in Nairobi and other major cities and towns, the Bill, which was tabled in the Senate last week, places a Ksh20,000 fine or a jail term not exceeding six months or both for anyone who rides a motorcycle on a pavement or pedestrian walkway. 

Another proposed law that is set to have huge consequences is the ganging up of boda boda riders to defend, intimidate, or harass anyone. The Bill proposes a fine not exceeding Ksh100,000 or a jail term not exceeding one year, or both, for any rider who participates in ganging up with other riders to intimidate, threaten, or harm another person.

Under the Public Transport (Motorcycle Regulation) Bill 2023, anyone who wishes to operate a motorcycle for commercial purposes will be required to register with the respective County Executive Committee Members and pay the prescribed fee. 

The bill by Kakamega Senator Boni Khalwale seeks to establish a County Motorcycle Transport and Safety Board in every county. The Board shall be responsible for the regulation, management, and coordination of all matters relating to the bodaboda transport sector within the county.

A core function of the Board would be managing and controlling motorcycle transport services within the county, including registration and licensing of motorcycle riders, designated parking, and routes.

The bill demands that the County Executive Committee Members submit a register of licensed operators every three months to the National Transport and Safety Authority (NTSA).

Another requirement of the new proposal is that every owner of a motorcycle shall ensure it is fitted with a tracking device, approved by the County Executive, that allows for real-time identification of the location. 

Besides that, every owner of a motorcycle registered for commercial purposes shall not permit any person to ride their motorcycle unless they hold a valid driver’s or provisional license in respect of that class of motorcycles and a valid written employment contract. 

“It requires that the employment contract shall provide for the terms and conditions of employment, duration, remuneration and benefits of the rider, working hours, and overtime arrangements, as well as procedures for the termination of the contract,” the bill proposes.

Furthermore, the new proposal indicates that every owner shall issue a rider with two helmets that comply with the Kenya Bureau of Standards (KEBS) and are of the prescribed colour and two reflective jackets of the prescribed colour.

Other requirements for boda bodas under the new laws are that every rider of a two-wheeled motorcycle shall ensure a load exceeding 50 kilogrammes and an adult passenger is not carried at the same time. The Bill provides for a distinction between delivery bodabodas and passenger bodabodas.

The laws require that every passenger of a two-wheeled motorcycle shall ensure they properly wear a helmet and reflective jacket whenever being carried.

“A child who is less than 13 years old may be carried together with an adult passenger provided they are seated between the rider and the passenger,” the Bill notes.