Senate discusses Bill to regulate boda boda trade

Boda boda rider seen ferrying a customer carrying a tyre in Kisii town on April 7, 2024. [Sammy Omingo, Standard]

A Bill intended to regulate the use of motorcycles (bodabodas) in the country is now before the Senate.

The Bill seeks to introduce new provisions for the registration and operation of motorcycles used in public transport and their safety at the county level.

If approved, the Bill sponsored by Senate Majority Chief Whip Boni Khalwale will provide for the registration of bodaboda riders and recognition by respective boards in every county.

The Bill, now at the second reading stage, states that a person shall not operate a bodaboda unless they have completed training that includes safe and defensive riding techniques, traffic laws and regulations, customer care and etiquette, handling of emergencies, basic motorcycle maintenance and security awareness.

“Every owner of a motorcycle operating for commercial purposes shall not cause or permit any person to ride their motorcycle unless such person is the holder of a valid driving license or a valid provisional license endorsed in respect of that class of motorcycles and a valid employment contract,” said Khalwale.

Khalwale seeks to have every owner of a Bodaboda to issue riders two helmets which comply with the standards established by the Kenya Bureau of Standards and are of the prescribed colour and two reflective jackets, also of a prescribed colour.

The Bill seeks to have every rider have a certificate of registration and ensure that they shall not ride or carry a person on a motorcycle without the prescribed protective gear properly fastened.

“A boda boda rider should not carry more than one person at a time. He should ensure that the passengers are carried on a proper seat with footrests securely fixed to the motorcycle behind the rider’s seat, ensure that a passenger sits astride the motorcycle and ensure that the headlights of the motorcycle are on at all times when riding,” Khalwale’s Bill reads in part.

The Bill requires bodaboda riders to ensure loads exceeding fifty kilogrammes and passengers are not carried at the same time and keep the protective gear in a clean, dry and generally wearable condition;

Khalwale seeks to have the bodaboda riders keep the rear number plates visible at all times, overtake on the right-hand side and not overtake in the same lane occupied by the vehicle being overtaken, observe traffic lights and observe all traffic rules as provided under the Traffic Act. 

The Bill also seeks to have all passengers of a two-wheeled motorcycle properly wear a helmet and reflective jacket whenever being carried.  

 “A child who is less than nine years old may be carried together with an adult provided the child is seated between the rider and the adult and wears a helmet designed for children while persons with disabilities will be exempted from the requirement to sit astride while being carried on a motorcycle,” says Khalwale in the Bill.

The Bill recommends that a motorcycle rider shall not carry a load whose width projects more than fifteen centimetres beyond the outside end of the handlebars, and whose height is more than two metres from the ground.

It also recommends that a motorcycle rider should not carry a load which projects to the rear beyond the maximum overall length of the motorcycle of more than sixty centimetres while the rear extremity of the load must be indicated by a conspicuous red marker during the day and by a red light.

“For this Act, a load excludes luggage carried by a passenger provided such luggage does not exceed ten kilogrammes in weight and does not project more than fifteen centimetres beyond the outside end of the handlebars,” states the Bill.

The County Transport and Safety Board, provided for in the Bill, may establish regulations for the use of motorcycle ambulances which shall be equipped with medical equipment and supplies.