Kakamega Senator Boni Khalwale has announced his intention to withdraw the Public Transport (Motorcycle Regulation) Bill 2023 following a strong backlash from boda boda riders who accused him of attempting to suppress their livelihoods.
Speaking to the press, Khalwale defended the bill, stating that his primary goal was to regulate the boda boda industry, which has often been criticized for flouting traffic laws and contributing to road accidents. He explained that his motivation stemmed from the need to reduce the fatality rate among riders and restore order in the sector.
“I have a record that extends over 20 years of listening to the common mwananchi. Many youths in the boda boda sector have lost their lives, and I deemed it fit to introduce regulations to reduce the fatality rate on the road,” Khalwale stated.
He further highlighted that boda boda riders are currently not covered under the Work Injury Benefits Act, leaving them vulnerable in case of accidents. However, despite his clarifications, the proposed bill sparked significant opposition, with many riders viewing it as an attempt to control and restrict their operations rather than protect them.
Critics of the bill framed it as politically motivated, portraying Khalwale as working against the interests of the youth who rely on boda boda business for their livelihood. Faced with increasing resistance, the senator declared that he would formally write to the Senate and National Assembly Clerks to request the bill’s withdrawal.
The bill had proposed several measures, including requiring boda boda riders to register with their respective county governments and be members of a sacco. It also mandated the installation of tracking devices on motorcycles and required that riders have valid employment contracts with motorcycle owners. Additionally, the bill proposed hefty penalties for violations, such as a Ksh.20,000 fine for riding on pedestrian walkways and a Ksh.100,000 fine or a one-year jail term for riders who gang up to threaten or harm others.
Once the bill was tabled in the National Assembly, the Boda Boda Association of Kenya (BSAK) swiftly mobilized its members to resist it. The association threatened nationwide protests if Members of Parliament proceeded with the bill’s passage.
BSAK Nairobi Chairman Samuel Waraga, in a fiery address, warned legislators against supporting the bill. “Mtu yeyote atadhubutu kupitisha hiyo bill, nyumbani direct! Sisi hata hatutangojea hiyo 2027, tuko tayari! Na sisi ndio serikali namba tatu, tuko na national government, county government, na boda boda government,” he declared.
Khalwale’s decision to withdraw the bill underscores the influence of boda boda riders in Kenya’s political landscape and the delicate balance leaders must strike when proposing regulations that affect large voting blocs. With the bill now set for withdrawal, the conversation on boda boda industry reforms remains open, awaiting alternative solutions that cater to both regulation and economic sustenance.