Report On Consideration Of The Public Transport (motorcycle Regulation) Bill (senate Bill No. 38 Of 2023)

REPUBLICOFKENYA THENATIONALASSEMBLY

THIRTEENTHPARLIAMENT-FIFTHSESSION-2026

DEPARTMENTALCOMMITTEEONTRANSPORTANDINFRASTRUCTURE

REPORTON:

THECONSIDERATIONOFTHEPUBLICTRANSPORT(MOTORCYCLE REGULATION)BILL(SENATEBILLNO.38OF2023)

THENATIONAL ASSEMBLY

FAEERSLAD

DATE:

2 6 FEB 2026

DAY.

THUR

TABLED BY:

HON· KOMiNGOI LBEt, Mp

MEMBER

Directorate ofDepartmental Committees. Clerk'sChambers Parliament Buildings NAIROBI

CLERK-AT HE-TABLE:

VIvIANWAMBui

FEBRUARY,2026

TABLE OF CONTENTS

| ABBREVIATIONS. | ABBREVIATIONS. | | |--------------------|-----------------------------------------------------------------------------|----| | LIST OF ANNEXURES. | LIST OF ANNEXURES. | | | 1.0PREFACE. | 1.0PREFACE. | | | 1.1 | Introduction and Committee Mandate. | | | 1.2 | Committee Subjects and Oversight... | | | 1.3 | Committee Membership.. | 8 | | 1.4 | Secretariat... | | | CHAPTERTWO.. | CHAPTERTWO.. | 10 | | 2.1 | Introduction | 10 | | 2.2 | OverviewoftheBill. | 10 | | CHAPTERTHREE. | CHAPTERTHREE. | 16 | | 3.0 | PUBLICPARTICIPATION/STAKEHOLDERENGAGEMENT. | 16 | | 3.2 | SubmissionbytheStateDepartmentforTransport... | 17 | | 3.4 | Submission by the Inspector General of Police.. | 18 | | 3.5 | Submission by Kenya Revenue Authority. | 20 | | 3.6 | SubmissionbyKenyaBureauofStandards.. | 24 | | 3.7 | SubmissionbyDigital Boda Drivers and DeliveriesAssociation ofKenya.......25 | | | 3.8 | Submission by Bolt.. | 28 | | 3.9 | SubmissionbyBodaBodaSafetyAssociationof Kenya... | 29 | | 3.10 | SubmissionbyPrivateBikersAssociationofKenya. | 29 | | CHAPTERFOUR... | CHAPTERFOUR... | 31 | | 4.0 | COMMITTEEOBSERVATIONS. | 31 | | CHAPTERFIVE | CHAPTERFIVE | 33 | | 5.0 | COMMITTEERECOMMENDATION. | 33 |

ABBREVIATIONS

AG

-Attorney General

CTSC

• County Transport and Safety Committee

CEC

• County Executive Committee

KEBS

-Kenya Bureau of Standards

KeNHA

• Kenya National Highways Authority

KRA

• Kenya Revenue Authority

KSh

• Kenya Shilling

KURA

• Kenya Urban Roads Authority

MSME

-Micro, Small and Medium Enterprises

NTSA

• National Transport and Safety Authority

PWD

-Persons with Disabilities

PSV

-PublicService Vehicle

SACCO

• Savings and Credit Cooperative Organization

TNC

• Transport Network Company

WHO

-World Health Organization

VAT

• Value Added Tax

LISTOFANNEXURES

• AnnexureI:SignedlistofMemberswhoattended thesittingthatconsideredand adopted the report
• Annexure2:Minutesof theCommitteeonsittings toconsider theBilland adoptionof the report
• Annexure 3: Copy of the Public Transport Motorcycle Regulation Bill(Senate Bill No.38 of2023)
• Annexure4:CorrespondencetostakeholdersrequestingforsubmissionsontheBill;
• Annexure5:Newspaper advertisement inviting thepublicto submit memoranda on theBill.
• Annexure6:WrittensubmissionsfromStakeholders.

CHAIRPERSON'SFOREWORD

The Public Transport Motorcycle Regulation Bill (Senate Bill No.38 of 2023)was read a First Time on 13th February 2025 and subsequently committed to the Departmental Committee on Transport and Infrastructure for consideration and reporting to the House pursuant to the National Assembly Standing Order I27(1).

To facilitate public participation, the Committee placed advertisements in the print media on 19th February, 2025, seeking public comments on the Bill pursuant to the provisions of Article 118of theConstitutionandStandingOrder127(3).TheCommitteealsoheldmeetingswith the Inspector General of Police, the Digital Boda Drivers and Deliveries Associations of Kenya, and the Boda Safety Association of Kenya on 24th July 2025. The Committee further wrote to the relevant stakeholders, namely the Ministry of Roads and Transport, the Ministry of Cooperatives and Micro, Small and Medium Enterprises Development, the Ministry of Interior and National Administration,theNational Treasury,and the Council of Governors.

The Committee is grateful to the Offices of the Speaker and the Clerk of the National Assembly for the logistical and technical support accorded to it during the consideration of the Bill. I wish to express my appreciation to the Committee Members and the Committee Secretariatfor theirresilienceanddevotiontoduty,whichmadetheconsiderationof theBill successful.Finally,IwishtoexpressgratitudetotheMembersofthepublicwhosubmittedtheir views and comments on the Bill in the course of public participation. Their views and comments indeedwerevital in the consideration of the Bill.

On behalf of the Committee and pursuant to the provisions of Standing Order I99 (6), it is my pleasantprivilege andhonortopresent tothisHouse thereportof theCommittee onits consideration of the Public Transport (Motorcycle Regulation) Bill (Senate Bill No. 38 of 2023).

HON.GKGEORGEKARIUKI,CBS,MP CHAIRPERSON

1.0PREFACE

I.IIntroductionand CommitteeMandate

• 1.TheDepartmentalCommittee onTransport andInfrastructure is establishedunder the National Assembly Standing Orders No. 2l6 (l). The functions and mandate of the Committee asperStanding Orders,No.216(5) include:-
• a)To investigate, inquire into, and report on all matters relating to the mandate, management, activities, administration, operations and estimates of the assigned ministries and departments;
• b)To study the programme and policy objectives of Ministries and departments and the effectiveness of theirimplementation;
• c)Tostudy andreviewall thelegislationreferredtoit;
• d) To study, access and analyse the relative success of the Ministries and departments as measured by the results obtained as compared with their stated objectives;
• e)To investigate and inquire into all matters relating to the assigned Ministries and departments as they may deem necessary, and as may be referred to them by the House;
• National Assembly to approve, except those under Standing Order No.204 (Committee on appointments);
• recommendationofproposedlegislation;
• h) To consider reports of Commissions and Independent Offices submitted to the House pursuant to the provisions of Article 254 of the Constitution; and
• j) To examine treaties, agreements and conventions;
• stated in the Second Schedule of the National AssemblyStanding Orders as follows: marine transport, seaports and national integrated infrastructure policies andprogrammes and transport safety.

CHAPTERONE

1.2 Committee Subjects and Oversight

• 3.The Committee is mandated to consider the following subjects as per the Second Schedule of theStandingOrders:
• (i) Transport,includingnon-motorizedtransport;
• (ii) Construction and maintenance of roads;
• (ii) Rails,air and marine transport;Seaports and national integrated infrastructure
• (iv) policies and
• (v) programmes; and
• (vi) Transport safety.
• 4.The Committee oversights the Ministry of Roads and Transport which has three (3) StateDepartmentsnamely:
• i) TheStateDepartmentforRoads;
• i) The State Department for Transport; and
• ii)TheStateDepartmentforAviation andAerospaceDevelopment.

5. Further, the Committee oversees the State Department for Shipping and Maritime Affairs, which is under the Ministry of Mining, Blue Economy, and Maritime Affairs.

1.3CommitteeMembership

6. The Committee comprises the following Members:

The Hon. G.K. George Kariuki, CBS, M.P - Chairperson Ndia Constituency

United Democratic Alliance Party

The Hon.Mutua Didmus Wekesa Barasa,CBS,M.P-Vice-Chairperson Kimilili Constituency

United Democratic Alliance Party

The Hon.Arama Samuel, M.P Nakuru TownWest Constituency Jubilee Party

The Hon.Abdul Rahim Dawood, CBS, M.P. NorthImenti Constituency

Independent

The Hon. Naicca, Johnson Manya, CBS, M.P Mumias West Constituency

Orange DemocraticMovementParty

The Hon. Elsie Muhanda, M.P. Kakamega County

Orange DemocraticMovementParty

The Hon. Francis, Kajwang' Tom Joseph, CBS, MP

Ruaraka Constituency

OrangeDemocraticMovementParty

The Hon. Chege John Kiragu, CBS, MP Limuru Constituency United DemocraticAlliance Party

The Hon. Kiaraho, David Njuguna, M.P. OI Kalao Constituency

Jubilee Party The Hon. Kiunjuri Festus Mwangi, M.P. Lailkipia East Constituency The Service Party The Hon. Bady, Bady Twalib, M.P. Jomvu Constituency

OrangeDemocraticMovementParty

The Hon.Abdirahman,Husseinweytan Mohamed, M.P.

Mandera East Constituency

Orange Democratic Movement Party

The Hon. Komingoi Kibet Kirui, M.P. Bureti Constituency

United DemocraticAllianceParty

The Hon. Saney Ibrahim Abdi, M.P WajirNorth Constituency United DemocraticAllianceParty

The Hon. Jhanda Zaheer, M.P Nyaribari Chache Constituency UnitedDemocraticAlliance

1.4 Secretariat

• 7.The followingMembers of Staff service the Committee:

HeadofSecretariat Ms. Tracy Chebet Koskei Principal Clerk Assistant Il

Mr.Mohamednur M.Abdullahi

Mr. Binensa Mabungu

Clerk Assistant

Clerk Assistant

Mr. Abdinasir Y. Moge

Mr. Erick Kariuki

Fiscal Analyst

Research Officer

Ms.Faith Makena

Ms. Patricia Gichane Legal Counsel

Serjeant-at-Arms II

Ms. Rinha Saineye

Mr.Danton Kimutai

MediaRelationsOfficer

Audio Officer

2.0BACKGROUND

2.1Introduction

8. The Public Transport (Motorcycle Regulation) Bill, 2023 is a Senate Bill sponsored by the Hon. Boni Khalwale, M.P (the Senator for Kakamega County). 2. 9.The Bill primarily aims to establish a legal framework for regulating the boda boda(motorcycle taxi) industry in Kenya. Its core object is to enhance safety, management, and coordination of commercialmotorcycletransport at thecountylevel. 10. It introduces measures, including mandatory registration, licensing, and oversight by County Motorcycle Transport and Safety Boards. It seeks to enforce road safety standards, including protectivegear,vehicle 4. ll.The Bill waspassed in theSenate and referred to theNational Assembly for consideration. However,the sponsorof theBillrequesteditswithdrawalandcessationoffurtherconsideration in the National Assembly. 5. 12.In the letter dated 7th March 2025, the Speaker of the Senate conveyed the request, noting that the Senator for Kakamega County cited widespread public outcry regarding some of the provisionsof theBill. 13. Despite this appeal, the Speaker of the National Assembly ruled that the Bill would proceed after a majorityvoterejectedthewithdrawalrequest.

2.2OverviewoftheBill

14. The Bill contains twenty-nine (29) clauses for consideration: 2. iClausesIto3oftheBillprovide for the titleof theBill,the interpretationofvarious terms used, and the application of the law.The Act shall apply to the regulation of bodabodas by the countygovernments.

• ii. Clauses 4 to6 of the Bill provide for the establishment,composition and functions of the shall be responsible for the regulation, management, and coordination of all matters relating to the bodaboda transportsectorwithin the county.

4. ili.Clauses 7 to 8 of the Bill provide for the registration of bodaboda riders. It further provides for cross-county recognition of registration by respective boards in every county.

• iv. Clause9of theBillprovides for a requirement of Savings andCooperative Societies membershipforbothownersandridersofbodabodas.

6. v.Clause I0 of the Bill provides for training of riders. A person shall not operate a bodaboda includes; safe and defensive riding techniques, traffic laws and regulations, customer care and etiquette, handling of emergency situations, basic motorcycle maintenance and security awareness.

CHAPTERTWO

• vi.Clauses Il to I3 provide for the responsibilities of the owner, rider, and passenger of a bodaboda.
• vii. riders.Everyownerofabodabodawhoengagestheservicesofaridershallenterintoawritten employmentcontractwith therider.Itrequiresthat the employmentcontractshallprovide 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.
• vili. Clause I5 of the Bill provides for the engine capacity restriction for bodabodas used for commercial purposes.No person shalluse or operate a bodaboda with an engine capacity exceeding 250cc on a public road unless authorized by theBoard.
• ix.Clause I6 provides for a limitation on the carriage of passengers. A boda boda rider shall carry
• x.ClauseI7of theBillprovidesforrestrictionson the carriage of loadsbybodabodas.
• xi.Clause I8 of the Bill providesfor the establishment of motorcycle ambulances.
• xii.ClauseI9of theBillprovidesforadistinctionbetweendeliverybodabodasandpassenger bodabodas.
• xii.Clause 20 of the Bill provides for unauthorized goods providing that no person shall transport any unauthorized goods,including contraband, or goods restricted under the Narcotic Drugs and Psychotropic Substances (Control) Act and Firearms Act on a bodaboda.
• xiv.Clause 2I of the Bill providesfor the requirement and criteria of protective gear.
• xv.Clause 22 of the Bill provides for insurance for bodabodas.
• xvi. Clause 23 of the Bill provides for safety of bodabodas by having them fitted with security devices.
• xviil.Clauses24to27of theBill provideforoffences andpenalties.
• xviii. Clause28of theBill providesfor thepowers of inspection and enforcement.TheBoard and an authorized officer appointed by the Board shall have the power to inspect any bodaboda for the purpose of ensuring compliance with provisions of the Bill.
• xix.Clause 29of the Bill provides that the Cabinet Secretarymay come up with regulations for better carrying into effect provisions of the Act.

2.3SituationalAnalysis

a)Benefits of theBodabodaSector inKenya

15. The boda-boda sector in Kenya plays a crucial role in providing economic opportunities, facilitating transportation, and fostering social transformation across communities, 16. Several factors have driven this growth, including inadequate conventional public transportation, navigating challenging terrains.Several studies document the following benefits that are associated withthegrowthofthesector:

• i) Employment Impact-The most celebrated outcome of this sector is its contribution to representing about I0% of Kenya's population. Riders collectively earn around Ksh I billion per day,equating toKsh365billion annually or 3.4%of GDP.
• i) FuelConsumptionandTaxes:Boda-bodas consume aboutKsh300million infuel daily, generatingKsh60 billion in annualgovernment fueltaxes.InadditiontheNational revenue of Ksh21billionfrom licensingfees.

5. ii) Broader Contribution:Boda-bodas excel in navigating urban traffic congestion and bridging rural transport gaps with poor road infrastructure, facilitating goods and passenger movement. 6. iv) E-Bilkes Local Assembly: Kenya's electric motorcycle (e-bike) sector is rapidly expanding, driven by local manufacturing, cost savings for riders, and supportive policies that cut emissions and fuel imports. Local assembly plants are emerging, creating jobs in manufacturing,repair and logistics.This growth supports the country'sgreen mobility goals amid a new national policy launched in February 2026. 7. Powering the growth of E-commerce: The Boda Boda sector is a major driver of eservices.Majore-commerceplatformsrelyonbodabodaridersforquickandreliable deliveries.

b) Boda boda Regulatory Environment

17. Transport is a devolved function under the Fourth Schedule of the Constitution, assigning planning, management and maintenance of specific infrastructure to county governments. 18. The boda boda sector in Kenya is governed by a combination of the Traffic Act (Cap 403), and NTSA (Operation of Motorcycles) Regulations, 2015. 19. The NTSA (Operation of Motorcycles) Regulations, 2015 originally gazetted as Legal Notice No. 19 of 2015, were amended by Legal Notice No. 121 of 2022 to strengthen safety and operational standards for motorcycles on Kenyan public roads. These regulations apply to all two-wheeled and three-wheeled motorcycles, including private and taxi operations (boda bodas), emphasizing protective gear, licensing, and load limits. They mandate compliance with Kenya Bureau of Standards for helmets and require headlights on at all times during rides. 4. cooperatives(Saccos)taking charge of the industry through self-regulation toreduce crime, improve safety and professionalize the industry. The Sacco offer a replicable model for promoting accountability andsafety inKenya. 5. 21.County Transport and Safety Committees (CTSCs) are established under Section 22 of the NTSA Act in Kenya to oversee, regulate, and advise on road transport safety at the county level. They aim to reduce road carnage through stakeholder collaboration, auditing safety, and enforcing traffic regulations. These committees, which often include county officials,NTSA representatives, and police, are crucial for enhancing local mobility and safety.

c)Challenges facingBoda bodaSector inKenya

• 22.Although Kenya's boda boda sector is vital for employment and last-mile transport, it faces significant challenges including safety risks, crime infitration, and regulatory gaps that undermine its potential.Thefollowingaresomeofthechallengesfacingthesector:

i)Safety Issues

23. Road accidents involving boda bodas have surged, with motorcycle rider and pillion passenger casualtiesin 2024 constituting 33% of the of 4,748 deaths.Road accidents by Boda Boda are Reported Road AccidentsDeaths from,2019-2023.

Reported Road Accidents Deaths by Type and Class, 2019 - 2023

| | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 | |--------------------|--------|--------|--------|--------|--------|--------|--------| | Pedestrians | 1,205 | 1,390 | 1,383 | 1,558 | 1,682 | 1,591 | 1,801 | | Motor Cyclists | 591 | 725 | 1,136 | 1,270 | 1,255 | 1,133 | 1,166 | | Passengers | 746 | 704 | 580 | 767 | 823 | 739 | 874 | | Drivers | 306 | 345 | 347 | 446 | 426 | 382 | 404 | | Pillion Passengers | 247 | 348 | 439 | 451 | 443 | 393 | 421 | | Pedal Cyclists | 63 | 74 | 90 | 87 | 61 | 86 | 82 | | | | 3,586 | 3,975 | 4,579 | 4,690 | 4,324 | 4,748 |

KNBS:Economicsurvey2024

i) Security threats

• 24.Boda bodas are increasingly linked to crime,with gangs using them for quick getaways in robberies, muggings, assaults, and attacks. A National Crime Research Centre report notes difficulties distinguishing legitimate riders from criminals due to infiltration, fueling public fear and insecurity.

ili) RegulatoryenforcementGaps

25. Kenya's Traffic Act (Cap 403) and NTSA (Operation of Motorcycles) Regulations 2015 aim to regulate motorcycle operations, including licensing and safety gear,but face significant enforcement gaps, resulting in most boda boda operators remaining unlicensed and undocumented.

iv) Culture of Impunity

26. Riders commonly ignore traffic rules, ride against traffic, mount sidewalks, and cause accidents. They frequently resort to mob violence,including torching vehicles involved in accidents or lynching suspects, even when at fault themselves, intimidating motorists and police.

d)ComparativeAnalysis

27. Rwanda stands out as an African country with a well-regulated motorcycle taxi (known locally as "moto") sector, offering lessons Kenya could adopt to address its boda boda challenges facing the sector.

i) Regulation in Rwanda

28. Rwanda introduced comprehensive moto taxi rules in 2014, mandating licenses, helmets for riders and passengers, third-party insurance, and tracking devices. Operators must undergo safety training, and the government enforces compliance through regular inspections and digital registration.

29. Riders must join cooperatives, with at least 20 motorcycles per group to qualify for operating licenses issued by the Rwanda Utilities Regulatory Authority (RURA). Helmets for riders and passengers carry unique ID numbers matching those on jackets and bikes,while GPS trackers enable quick traceability for incidents.Riders follow designated parking stages, avoid roaming for passengers, and limit loads to one passenger, with women sitting astride.

i)Key Achievements in Rwanda Boda Boda Sector

30. Mandatory helmets, GPS trackers, and unique ID stamps on gear have drastically cut road fatalities, with Rwanda's rate at under 10 fatalities per l00,00 people. Strict rules like maximum of one enablingquickincident tracing.Cashless GPSpayments since2022endeddisputes and formalized trackingKigaliriders.

CHAPTERTHREE

3.0PUBLICPARTICIPATION/STAKEHOLDERENGAGEMENT

31. To undertake public participation in the Constitution and Standard Orders, an Advertisement inviting the public to submit memoranda on the Bill was published in the newspaper on I9ch February,2025.The Committee alsomet with the Inspector General of Police,the Digital Boda Drivers and Deliveries Associations of Kenya, and the Boda Safety Association of Kenya on 24th July2025.TheCommitteealsometwith thePrincipalSecretaryfor theStateDepartmentfor Transport on 31" July, 2025. 2. 32.Further,the Committee wrote to the relevant stakeholders, namely the Ministry of Co-operatives and Micro,Small and Medium Enterprises Development,the Ministry of Interior and National Administration,theNational Treasury,andtheCouncilofGovernors. 3. 33.The Committeereceived submissionsfrom thefollowing stakeholders: 4. a)Ministry of Co-operatives and Micro, Small and Medium Enterprises Development

• b) The State Department for Transport

6. ( TheInspectorGeneralofPolice

• d) Digital BodaDrivers and DeliveriesAssociation of Kenya
• e) Bolt

9. f BodaBodaSafetyAssociation of Kenya

• g) Kenya Revenue Authority
• h) Officeof theAttorneyGeneral

12. Private Bikers Association of Kenya 13. ji)Kenya Bureau of Standards 14. 34.The submissionsof thestakeholders are outlinedbelow:

3.1 Submission by the Ministry of Cooperatives and Micro, Small and Medium EnterprisesDevelopment

35. The Ministry of Cooperatives and Micro, Small and Medium enterprises made a written submissionvidea letterRef:MC&MSME/CS/Vol.11(99)dated13August2025. 36. The Ministry submitted that the Bill is in order, however, they proposed an amendment to section 15onCooperativeSocietiesMembershiptoinsertanewsubsectiontoread:

"The Cooperatives Society may become may become a member of a secondary cooperative, Federation or CooperativesUnionorApexCooperatives."

37. The Ministry stated thatit is essential that theBill accommodates both two-wheeler (bodaboda) andthree-wheeler(TukTuk)motorcycles.

3.2Submission by the State Department for Transport

• together with the Director General for the National Transport and Safety Authority, Mr.George

39. That the Bill largely replicates the provisions of the existing NTSA (Operation of Motorcycles) Regulations, 2015, with the primary exception being the proposal to establish County Transport andSafetyBoardswithineachof the47counties. 40. WVhile the proposal to elevate the existing regulatory provisions from subsidiary legislation to an Act of Parliament is commendable and supported, the Ministry made reservations on the creation ofCountyBoardsforthereasonsoutlinedbelow:

i.BroaderMandateofExistingStructures

41. The Bill proposes to repeal Sections 2l and 22 of the NTSA Act, which establish the County Transport and Safety Committees (CTSCs). However, this approach fails to appreciate that the mandate of the CTSCs extends far beyond the regulation of motorcycle (boda boda) transport. The CTSCs also play a crucial role in the regulation of other sectors, including public service vehicles (PSVs)and commercial transport.Repealing these provisions would undermine the regulationof thewider transportsector,beyondmotorcycles.

ii.Duplication of Roles

42. The proposed County Boards mirror the composition and functions of the existing CTSCs. Establishing these Boards would result in unnecessary duplication of roles, leading to inefficiencies andoverlappingmandatesbetweenthetwostructures.

ili.WasteofPublicResources

43. The Government, through NTSA,has already invested substantial resources in developing the capacity andoperational systems for the CTSCs.Todate,all 47 CTSCs havebeengazetted,and 37 of them have undergone comprehensive training. The proposed establishment of new County Boards introduces additional administrative layers, leading to unnecessary expenditure by counties to duplicate functions already effectively provided through the CTsCs at the national level, with greater efficiency andscale.

iv.Critical Linkage BetweenNational and County Governments

44. The CTSCs currently serve as a vital link between the National and County Governments in sharing,lawenforcement,androadsafetyinitiatives.ThecreationofparallelCountyBoardswould weaken this established coordination framework,potentially undermining efforts to reduce accidents and overall transport sector governance. I would also like to draw the Committee's attentiontoGazetteNoticeNo.16,476ofI6thDecember2024thatdelineatedthefunctions betweenNationalandCountyGovernments.

• 45.In concluding his submission, the Principal Secretary stated that the Ministry, in consultation with the NTSA, the implementing agency, shall complete the review of the NTSA (Operation of in themotorcycle sector includingdigitizationof onlineplatforms to enhancecompliance and operationsofthesector.

3.3SubmissionbytheOfficeof theAttorneyGeneral

46. The Office Attorney General made a written submission vide a letter Ref: AG/LDD/68/1/67 dated 12hNovember2025andstatedasfollows; 47. That the Bill is substantially similar to the National Transport and Safety Authority (Operation of Motorcycles) Regulations which were published as Legal Notice No. I9 of 2015. 48. The AG noted that the following offences are substantially similar to offences provided for under other statutes. 49. The AG stated that the current legislative and regulatory framework contained in the National Transport and Safety Authority (Operation of Motorcycles) Regulations, and sections 21, 393 and 394of the Penal Code,and section 45A of the Traffic Act,adequately address the issues contained in the Bill, and therefore, the proposed Bill is not necessary in the circumstances. 5. 3.4Submission by the Inspector General of Police 50. The Inspector General of Police, Mr.Douglas Kanja, appeared before the Committee on Thursday,24thJuly2025andsubmitted asfollows; 7. 51.TheInspector General submitted thattheNational PoliceService supportstheBill'sobjectiveto regulatetheBodaBodasectorbut advocatesforintegration intoexistinglawstoavoidduplication andensurecoherentenforcement.

| Statute | OffenceintheBill | Offenceintheotherstatute | |------------|----------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------| | Penal code | Penal code | Penal code | | 1. | 29.Carriage of persons intending tocommitanoffence | 2l.Jointoffendersinprosecutionofcommon purpose. 393.Conspiracy to commit felony. 394. Conspiracy to commit misdemeanor. | | 2. | 31. Ganging up by riders | 238.Intimidationandmolestation | | TrafficAct | TrafficAct | TrafficAct | | 3. | 30. Riding on pavements and opposite direction | 45A. Driving on pavement, pedestrian Walkway, etc. |

52. He submitted the following key Observations and proposals: 53. The National Police Service recommends incorporating the Bill's provisions into the Traffic Act (Cap. 403) and the NTSA Act (Cap. 33A) to maintain uniformity and proposes that county-specific regulations(e.g.,permits,parkingfees) should be delegated to county legislation. 54. They also recommend that registration, training, safety standards, and enforcement should remain undertheTrafficActandNTSAAct. 4. NTSA's existing committees (Section 2l of the NTSA Act). For Instance, County Executive Committeerolesshouldbemergedwith NTSA'smandate. 56. The National Police Service Proposed Amendments to the Bill on the following Clauses;

• i. Clause 6(l)(e) to include a national-level TrafficPolice officer in county committees for uniformenforcement.
• ii. Clause I6 (Training): Involve NPS Traffic Training School in curriculum development (road safety/lawenforcementmodules).

8. ii.Clauses 17-19 (Duties): Clarify NPS authority to enforce rider/owner obligations through roadchecks.

• iv. Clause 28 (Tracking Devices): Mandate data-sharing protocols with NPS for theft recovery/crimeprevention,compliantwith theDataProtectionAct.
• v. Clauses 29-31 (Offences): Explicitly empower NPS to arrest, investigate, and charge offenders under theTrafficAct andPenal Code.
• vi. Clause 33 (lnspections): Define "authorized officers" to include NPS personnel for inspections/seizures.

57. The National Police Service proposed a new Clause to establish a National Motorcycle Transport Coordination Committee (NTSA,NPs, Council of Governors,rider associations) for joint planning. 58. Grassroots Integration: Recognise community policing units (Nyumba Kumi) for sensitisation and compliance monitoring. 14. 59.In concluding his submission, the Inspector General of Police stated that the National Police Service supports regulatory efforts, but emphasised the need for harmonisation with existing laws to prevent fragmentation.Key priorities include: 15. i.Legal Integration: Avoid standalone legislation; amend the Traffic Act and the NTSA Act.

• ii. Enforcement Clarity: Define National Police Service roles in training, inspections and offence handling.

17. i.Data-Driven Security:Ensure tracking devices serve public safety while respecting data privacy. 18. iv.Collaborative Governance:Foster inter-agency and community-level coordination.

3.5Submission byKenya Revenue Authority

60. The Kenya Revenue Authority made a written submission vide a letter Ref: KRA/5/1002/5(12745) dated IIth August 2025 and proposed the following amendments to the Bill:;:

| Clause | Provision as per the Bill | Proposed AmendmentComments/Justification | |-------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Clause 2 | 'motorcycle' means anyReview mechanically propelled vehiclelreplacing withlessthanfourwheelsthelmotorcycle" does not exceed hundred kilograms andrider and operated for commercialltravelontwowheelsor purposes; threewheelsincontact | and considerAlignsthedefinitionwithexisting it with:legal instruments such astheTax means aProcedures (Unassembled weight of whichunloadedvehicle having a seat or aMotorcycle)Regulations,2020 to eightlsaddle for the use of theensure consistency and reduce designed tolinterpretationdisputes. | | Clause 4(1) | The County executiveAmend allreferences to member shall be responsible"county executivel for the regulation,committee member“to management,andcoordinationread: :“County Executive ofallmattersrelatingtotheCommittee Memberl motorcycle transportsectionresponsible for matters withinthecounty. relating to transport." | Ensures that thecorrect andrelevantdepartment specifically the County Executive Committee Member responsible for matters relating tol transport handles motorcycle registration. Thisclarification helps prevent administrative overlap andconfusionthat may arise from broadly assigning the responsibility committeemember. Aligning theresponsibility with the transport docket alsoreflectsthe intentof Clause 6,which outlines the proposed composition oftheBoardandprovides greater institutional clarity. Forfurthercoherenceand legal certainty, this clarification can also be included under the interpretationclause, by clearlydefiningtherole andtitleoftheresponsible County Executive |

| | | Committee Member. | |----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Clause 6(2) | While making theToread:“While appointments underthe appointments subsection (6),the countysection (6),the executivecommitteeshal... executivecommittee shall." | makingThere is no subsection (6).The underword subsectionshould be countylreplacedwithsection. | | Clause 7(2)(f) | person qualifies to beToread: appointed as a member of thel The qualifications for the Board,if the person inthe memberunderparagraph caseof amember under Oshould beI listed and paragraph (g), has at least paragraph pinoys(a) be secondaryschoolqualification provided." | Thequalifications for the member under paragraph (f) have not been listed. The qualifications for thel member under paragraph(g) have not been provided. | | Clause 8(2)(c) | Notwithstanding theNotwithstanding thel provisions of subsectionprovisionsofsubsection(l) (1),thechairperson or althe chairperson or memberof theBoardmaybememberoftheBoardmay removedfromofficeifthatberemovedfromofficeif person-ls convicted anthatpersonisconvictedof offence involving anti-anoffenceinvolvingeconomic leconomic crimes orcrimesorcorruption corruption | Todelete"anti-economic pue, replace with "economic" | | Clause13 | (1)Apersonwhowishes toltheprescribedformand operateamotorcycleforshallbe accompanied commercialpurposes inaltheprescribedfee. countyshallregisterit inl (3)The County Executive accordancewiththeAct. CommitteeMembershall (2) An application forissue certificate of registrationshallbemade toregistration to the the County Executiveapplicant if it is satisfied CommitteeMemberin thatthemotorcyclemeets the requirements prescribed under this Act. (4) The certificate of registration shall be renewedannually upon paymentof theprescribed fee. (5)The County Executi | Ensures that thecorrect andrelevantdepartment specifically theCounty Executive Committee Member responsible for matters relating tol transport handles motorcycle registration. This clarification helps prevent administrative overlap andconfusion that mayarise from broadly assigning theresponsibility to any County Executive CommitteeMember. Aligningtheresponsibility withthetransportdocket alsoreflecttheintentof |

| | CommitteeMember sh submitacopyoftheregist totheAuthorityeverythn months. | Clause 6,which outlines theproposedcomposition of theBoardandprovides greater institutional clarity. Forfurthercoherenceand legal certainty, this clarification canalso be included under thel interpretationclause, by clearlydefiningtherole andtitleoftheresponsible County Executive Committee Member. | |-----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Clause14 | (1)TheCountyExecutiveAmend all references to Committee Member maycounty executive suspendorrevokeanycommittee emember" to certificate ofregistrationread:"County Executive issuedunder thisActonommittee Member the grounds that theresponsible for matters owner of themotorcyclerelating to transport." | Maintains consistency with proposed amendments to Clause 13and assigns regulatory authority to the appropriate ministry/department. | | Clause18 (1)(f) | Everyriderofatwo-wheeledToread:Everyriderofa motorcycleshall-Ensurethataltwo-wheeled motorcycle passengersitsastridetheshall- motorcycle Ensurethatapassenger sitsastridethemotorcycle "provided persons with disabilitieswillbeexempted fromtherequirementtosit astridewhilebeingcarriedon atwo-wheeledmotorcycle." | Thisprovision has not factoredinpersonswith disabilities. Theprovisoshouldbe includedtoalignwiththat provided in the Legal NoticeNo.19of2015 NTSA (Operation of Motorcycles)Regulations. |

| Clause (P)(1)61 | Everypassenger ona two-Toread:Everypassenger wheeledmotorcycleshall- on a motorcycle shall- Sit astride in the seat fixed astrideintheseat behind therider'sseat behindtherider's | Thisprovisionhas not two-wheeled factored in persons with Sit disabilities. fixed Theprovisoshouldbe seat includedtoalignwiththat 'provided persons with disabilitieswillbeexempted provided inthe Legal NoticeNo.19of 2015 fromtherequirementtosit NTSA (Operation of astride" Motorcycles)Regulations. | |---------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | Clause 33-Authorizes Powers inspection and enforcement. | inspections oflnsertthefollowingnew ofmotorcyclesfor compliance. paragraph: Kenya RevenueAuthority officers may participate in inspections to verify tax- related documents, includingbutnotlimitedto incomerecordsandVAT compliance." | Ensures tax complianceis integrated with physical inspections, enabling real- timeenforcementoftax obligationsalongsidesafety andoperationalchecks. | | General observationsnumber ontheBill | Proposestheintroductionofallntroduce a provision of regulationsrequiring that, during touching on registration,registration,all commerciall operation, and managementmotorcycle operators ofthesector at thecountymustdemonstrate tax level. compliance. | The Bill establishes regulatory framework for counties to oversee commercial motorcycle operations. It focuses on registration, certification and enforcement, aiming to enhanceorderandsafety within thesector. However,theBilldoesnot addresstaxorduty-related matters. As a result, the Authority may not have significant comments to provide, since its mandate primarily relates to revenue collection and taxation. Integrating provisions that link registration with tax compliance (e.g. PIN verification, VAT obligations)couldenhance |

3.6SubmissionbyKenya Bureau of Standards

61. TheKenya Bureau of Standards made a written submission vide a letter Ref: KEBS/LEG/I/l dated 28th February2025andproposedthefollowingamendments;

| No. | Clause | COMMENTS | Proposed Change | |-------|------------|-------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 1. | 17(2)(a) | The Standards published by Kenya Bureau of Stan dards (KEBS)not Nation alStandards | Reword to"twohelmetswhichcomplywith"KS77,Prote ctive helmets for motorcyclists-Specification or any o ther specification framed or prepared by the Kenya BureauofStandardstobeaKenyaStandardinaccor dance with Cap 496 Section (9)(1)(a)of the Laws of Kenya"and are of the prescribed colour. | | 2 | 17 (2) (b) | Toensure thatthereflec tivejacketsareofthere quired quality, they shou Id comply with the requi rementsofthespecific KenyanStandard | Tworeflectivejackets that complywith'KSISO20471,H ighvisibilityclothing-Testmethodsandrequirement s or anyotherspecificationframedorpreparedby theKeny aBureauofStandardstobeaKenyaStandardinaccordance with Cap 496 Section (9)(1)(a)of the Laws of Kenya"and a reoftheprescribedcolour | | 3. | 17(4)(c) | KSISO3740standard se rvesasguidelineforusec overing all machinery and equipment. | TheregulationsaretoabidetoKSISO3740Acoustics-Dete rminationofsoundpowerlevels ofnoisesources-Guidelines for theuseofbasicstandard. | | 4. | ment | New requireFor hygiene purposes there iders/ownerstoprovidethe|4,disposablehelmet | eAddarequirementthatrequiresprovisionofdisposal he lis need for the motorcycle r Imet liners complying with the Kenya Standard "Ks 294 | | 5. | 18(2)(c) | Thereexistsstandardsfors lafety belts | Reword"not ridea motorcyclewithoutproperlywearinga s eatbelt orcarrypassengerswhohave notproperlywon thei r seatbeltscomplyingtoaspecificationframedorpre pared by the Kenya Bureau of Standards to be a Ken ya Standard in accordance with Cap 496Section (9)(1 )(a) of the Laws of Kenya | | 6 | Definition | Thedefinitionofmotorcy cleneedtoaccommodate andpromotetheuseofe lectric motorcycles | Amend the definition toread"motorcycle meansany two- wheeledorthree-wheeledmotorvehiclewhichisei therelectricallypropelled orpoweredby aninterna I-combustionengine theweight ofwhichunladen does n otexceedeighthundredkilograms andoperatedfor commercialpurposes" | | 7 | 28(1) | Allsecuritydevicesneed to comply with any spec ificationsissuedbyKEBS | Reword"everyownerof motorcycleshallensure thattheve hicleisfittedwithasecuritydevicecomplyingwithspeci ficationframedorprepared bytheKenyaBureauof StandardstobeaKenyaStandardinaccordancewit h Cap 496 Section (9)(1)(a) of the Laws of Kenya and approvedbythecountyexecutivecommittee." |

3.7SubmissionbyDigital BodaDrivers and DeliveriesAssociation of Kenya

62. The Digital Boda Drivers and Deliveries Association of Kenya appeared before the Committee and recommendedasfollows; 63. Boda Boda Lanes: The Kenya National Highways Authority (KeNHA) and Kenya Urban Roads Authority (KURA) should designate and construct dedicated boda bodalanes to enhance safety and efficiency. 64. U-Turns for Boda Bodas: Specific points should be established for safe and legal U-turns for 65. Mandatory Parking Spaces: Public institutions such as schools, hospitals, estates, and government offices should be mandated toprovide designated freeparking spaces forboda bodas. 66. Mandatory SACCO Membership: Every boda boda rider must be a member of a registered Transport Cooperative Society or Association under the Cooperative Societies Act (Cap 490, Laws of Kenya). 67. Regulatory Oversight by NTSA: The National Transport and Safety Authority (NTSA) should tograssrootslevels. 68. Courier Licensing: Delivery motorcycles should be categorized separately under the law and should 69. Definition of Motorcycles: Motorcycles should be clearly defined in the law based on engine capacity, usage (passenger vs courier), and operational standards, in accordance with United Nations Economic Commission for Europe (UNECE) Vehicle Regulations (1958, I997,1998 Agreements) and 9. 70.Registered Associations:Associations must be registered at the Office of the Attorney General with lettersof noobjectionfromrelevant authorities and existingorganizedgroups.Recognizedgroups should have the mandate to speak on behalf of drivers'welfare. 10. avoid fragmentation, and existinggroups must tcomply with regulatory standard 72. Alignment with International Transport Laws: Regulations should comply with United Nations Road Safety Collaboration (UNRSC) Guidelines (2004) and International Road Traffic and AccidentData(IRTAD)2020Framework. 73. Data Protection and Digital Rights: Compliance with General Data Protection Regulation 75. Standardized Registration: Boda boda riders should register through a central NTSA database to curb insecurity and improve tracking. 14. distractionswhileoperatingmotorcycles.

77. Uniform Reflectors: Reflector vests should be numbered and issued through a centralized systemtoimprove accountabilityandcurbimpersonation. 78. Roadworthiness Inspections: Transport cooperatives must ensure that motorcycles undergo 79. No Unauthorized Modifications: Motorcycles should adhere to standard specifications, with nounauthorized modifications or graffiti. 80. Helmet and Safety Gear Compliance: Kenya should adopt best practices from countries such asSweden and the UK,where motorcycle riders must wear certified helmets and protective gearthatmeetUNECERegulationNo.22(2020)onHelmetSafetyStandards. 81. Introduction of front plate for visibility at the street cameras 82. Have police department dedicated for enforcement 7. or dispute should face a fine of up to KSh. 50,000 or imprisonment for up to 18 months. 84. Operating without a SACCO: Any rider operating outside a registered SACCO should face penalties as prescribed under thelaw. 85. Overloading Restrictions: Motorcycles should not carry loads exceeding 150 kilograms to ensuresafety. 86. Sanctions on Misconduct: Rude drivers, unkempt motorcycles, and non-compliant riders should face penalties, including suspension or revocation of their operating licenses. 87. Adoption of International Safety Standards: Enforcement of penalties should align with the (a) d l() r Po 88. Onboarding from Registered Cooperatives: Transport Network Companies (TNCs) must onboard boda boda drivers from registered ride-hailing cooperatives to enhance security and accountability. 89. Centralized Driver Database : Ride-hailing cooperatives must maintain a comprehensive database of all drivers, their conduct, and reported incidents. 14. 90.Reference Letters for Employment/exit:Drivers seeking to leave another transport cooperativemustprovideareference letterfromtheirpreviouscooperative. 91. Service Standards and Codes of Conduct: Ride-hailing companies must develop and enforce codes of conduct for drivers and passengers. 92. Fair Algorithmic Practices: Digital transport platforms must comply with International Labour Organization(ILO)Fair Work Principles (2019) to prevent algorithmic exploitation. 93. Commission Cap on TNCs: Transport Network Companies should charge a commission rate ofI0-13%toensurefairnessforriderswhilemaintainingprofitability.

• :94. Trip Transparency: The ride-hailing app should display trip details, including estimated distance, time,andfareupdates.

95. Clear Pricing Structures: Transport cooperatives and TNCs must implement fair pricing policies topreventpriceexploitation. 96. Public Consumer Care Helpline: A toll-free boda boda customer care line should be introduced for passengers to report misconduct.

• 97.InternationalConsumerProtectionGuidelines:Pricingstructures anddisputeresolution mechanisms should alignwithOECD ConsumerPolicyToolkit(2010).

98. Mandatory Insurance Contributions: Riders must contribute to NHIF, NSSF, and Work InjuryBenefits to enhance theirsocial welfare. 99. Annual Transport Cooperative Badge: Riders should obtain an annual badge from their SACCOasproofofmembershipandcompliance.

• 100.Conflict ResolutionMechanisms:Structured mechanisms for resolving disputes between drivers,vehicle owners,and passengers shouldbe enforced byTNCs and cooperatives.
• I0l.ILO DecentWork Standards:Riders should have access to fair labor rights in line with ILO Conventions 87and98(FreedomofAssociation and CollectiveBargaining,I948-1949).

Committeeobservations

• 102.The Committee supported these proposals and noted that most of the proposals are already being implemented by the Ministry of Roads and Transport following the Committee's report on its considerationof thePublicPetitionNo.014of 2024by theDigital BodaDriversAssociation regarding legal recognition and protection of E-hailing motorcycle riders and delivery personnel.
• 103.The Committee alsonoted that the sector is working closelywith the National Police to enhance self-regulation. All boda boda riders are required to be registered with a SACCO. Additionally, the riders are supposed to be registered on an online platform that maintains a databaseofallriders.

3.8Submission byBolt

104. Bolt made a written submission dated 4h March 2025, and made the following proposals;

| General | Proposal | Amend the entire Bill by; replacing the words "Board(CMTSB)"with "Authority(NTSA)" deleting all references to"Board" | |-----------------|------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | General | Rationale | TheintentionoftheamendmentsinthisScheduleof Comments is, amongst other things, to expunge CMTSB from theBill. | | Clause 2 | Proposal | Delete the definition of "Board"in its entirety: | | Clause 2 | Rationale | The proposals are meant to- Restore MotorcycleRegulationmatters toNTSA. | | PartIl-Clause 4 | Proposal | DeleteClause 4in itsentirety andreplacewith thefollowing provision- "(l) This Act shall be administered by the National Transport and Safety Authority (2) The Authority shall be responsible for the regulation, management, and coordination of all mattersrelatingtothemotorcycletransportsector within the Country." | | PartIl-Clause 4 | Rationale | The purpose of the proposed amendment is to vest the transportregulation of MotorcyclesonNTSA. | | Clause 6 | Proposal | Delete inits entirety andreplacewith thefollowingprovision- "The Authority shall have all the powers necessary for the execution ofitsfunctions under thisAct" | | Clause 6 | Rationale | FunctionsrevertbacktoNTSAtoalignwithNTSAAct and theConstitutionof KenyaSchedule4. | | Clauses 7-16 | Proposal | Deleteclauses7-l6in theirentirety | | Clauses 7-16 | Rationale | FunctionsrevertbacktoNTSA toalign withNTSA Act and theConstitutionof KenyaSchedule 4. | | Clauses 25 | Proposal | Replacetheword"CountyExecutiveCommittee Member"with"Authority." | | Clauses 25 | Rationale | To clean up and align with other parts of the Bill |

3.9 Submission by Boda Boda Safety Association of Kenya

The Boda Boda Safety Association of Kenya made a written submission vide a letter Ref: BAK/01/03/2025 dated3rdApril 2025stated asfollows,THAT;

• 105.The Association,after consultation with its members,unanimously rejects theBill as it presentsretrogressiveprovisions that threaten the livelihoods of millions of Kenyanswho depend on the boda boda sector.
• 106.In their submission,theAssociation stated that the boda boda industry is a critical provides employment to millions of youth and families across the country, easing mobility in both urban and rural areas. Unfortunately, the Bill contains punitive and impractical provisions that, if passed, will:
• 0 Cripple the industry by imposing excessive regulations and costs on operators;
• i Eliminate job opportunities for millions of young Kenyans who depend on Boda boda transport;
• ii) Fail to address the real challenges in the industry, such as security and road safety, instead of punishing innocent operators; and
• iv) Harassmentfromtrafficpoliceandcountyofficers
• I07.The Association submitted that as responsible stakeholders, they support reasonable reforms aimed at enhancing safety and order in the boda boda sector. However, such reforms must be inclusive,practical,and beneficial toboth riders and the public.

3.10SubmissionbyPrivateBikersAssociationofKenya

108. The Private Bikers Association of Kenya made a written submission dated 16th September2025stated asfollows; 109. While they recognize the importance of this Bill in promoting road safety, order, and accountability in the boda boda industry, they are deeply concerned about the absence of a clear distinction between private motorcycles and commercial motorcycles, including motorcycle taxis (boda bodas), and the scope of application.

Specifically,theynoted asfollows:-

• i Ambiguity in Definitions-Clause 2. The current definition of "motorcycle" encompasses all types of motorcycles, including private, boda boda, and delivery motorcycles. The Bill further provides definitions for boda boda and delivery motorcycles,but does not define a private motorcycle.This omission creates an opportunity for a lack of clarity and subjectivity in the interpretation of the Bill.

• i) Scope of Application-Clause 3,The Billprovides that the Billapplies"all motorcycles used for commercial purposes, including public transport services". This does not explicitly exclude motorcycles, creating room for misinterpretation by Provisions meant for commercial and taxi operations, such as '
• a) Compulsory cooperative society membership(Clause I5);
• b) Commercial public service vehicle insurance(clause 27); and

4. Commercial registration and licensing requirements(clause I3)

• i) Equity and Constitutional Rights,Private motorcycles are primarily used for commercial and taxi regulations is unfair,burdensome,and unconstitutional,as it infringes on their right to own and operate personal property without undue interference.

Proposed Amendments

• I10.The Association proposed the following amendments:

i.NewDefinitions in Clause2

Private Motorcycle:"A motorcycle owned and used solelyforpersonal or recreational purposes and notfor commercial gain."

ii.Revised Clause 3-Application

"This Act shall apply to all motorcycles used for commercial purposes, including public transport services and delivery services,but shall not applytoprivate motorcycles used exclusively for personal or non-commercialpurposes."

• motorcycles,theAssociation propose that the relevant specific clauses operation by limited to motorcycle taxi and delivery motorcycles e.g. registration and licensing requirements (Clause I3), mandatory cooperative society membership (Clause 15),commercial public service vehicle insurance obligations (Clause 27) etc.

112. The Association emphasized the need to distinguish between private motorcycles (used for personal or recreational purposes) and commercial motorcycles (used for public transport or delivery).

CHAPTERFOUR

4.0COMMITTEEOBSERVATIONS

86. The Committee, having had engagements with stakeholders and having considered submissionsreceived,madethefollowingobservations; 2. (l) The bodaboda sector is a vital cog in the economy of Kenya and has completely redefined public transport in Kenya and across the region. Notably, data from the National Transport and Safety Authority (NTSA) indicates that the sector engages over fourmillionyoungKenyans; 3. (2)As thebodaboda sector continues to expand nationwide,there arepersistent challenges relating to safety,compliance,and effective monitoring.The EconomicSurvey 2024 by the Kenya National Bureau of Statistics reports that 4,324 people lost their lives due to road accidents, with approximately 35% of these deaths involving motorcyclists and pillion passengers. Road traffic injuries further impose significant social and economic burdens on households through loss of income, medical expenses, and long-term disabilities;

• (3) The Committeenotes that while the National Transport and Safety Authority (Operation of Motorcycles) Regulations, 2015 provide a comprehensive legal framework for regulating the sector, the primary challenge has been weak enforcement and shortcomings observed in the sector,therefore,arise from institutional and operational gaps, rather than the absence of legislation;

5. (4)Theenactmentof theBillwouldfragmenttheexistinglegalframeworkgoverning motorcycle transportation, rather than promote the harmonisation of current laws, including the National Transport and Safety Authority Act and the Traffic Act. The Committeefurtherobservesthatitisunsustainabletoenactstand-alonelegislationfor each mode of transport,suchaspublicservicevehicles or othercommercial vehicles;

• (5) The Committee finds nojustification for the establishment of new county-level
• (6) The Committee recognises that the substantive and compelling proposals advanced by stakeholderscanbeeffectivelyaddressedthroughareviewoftheexistingNational Transport and Safety Authority (NTSA) Regulations, 2015, or through targeted amendmentstothecurrentstatutoryframework,withoutthenecessityofenacting separatelegislation;

• (7) The Bill proposes, among others, mandatory SACCO membership for motorcycle s o regulations;
• (8) The Committee also observed from the comparative analysis of the regulatory framework in the Republic of Rwanda, that effective regulation of the boda boda sector is achieved through measures such as the mandatory issuance of unique identification numbers to riders, the deployment of digital tools, including GPS tracking for traceability andtheintegrationofcashlesspaymentsystems;
• (9) The Committee finds it necessary that County Transport Safety Committees be established in all forty-seven counties pursuant to section 2l of the National Transport and Safety Authority Act and that their mandate be strengthened to enhance coordination, stakeholder engagement and continuous sensitization of motorcycle operators on traffic laws and road safety compliance;

4. (l0) The Committee also observed there was a need for the inclusion of Boda-boda Associationrepresentatives in each County Transport Safety Committee in order to promoteaccountabilitywithinthesector;and 5. (ll) The Committee further observed that the implementation of the digitisation of traffic penalty enforcement mechanisms should be fast-tracked to enhance transparency, accountability and regulatory compliance among motorcycle operators.

CHAPTERFIVE

5.0COMMITTEERECOMMENDATION

87. The Committee, having had engagements with stakeholders and having considered submissions received,recommends that the House rejects the Public Transport MotorcycleRegulationBill(SenateBillNo.38of2023)astheprovisionsintheBillare already provided for in the National Transport and Safety Authority(Operation of Motorcycles)Regulations2015,theNationalTransportandSafetyAuthorityAct(Cap.404) the Penal Code (Cap. 63) and the Traffic Act (Cap.403). The Committee therefore finds thattheenactmentof aseparatelegislationisnotnecessary.

SIGNED...

(9-0z- L02G

DATE.

HON.GKGEORGEKARIUKI,CBS,M.P

CHAIRPERSON,DEPARTMENTALCOMMITTEEONTRANSPORTAND INFRASTRUCTURE

Annexure I:Signed list of Memberswhoattended the sitting thatconsidered and adoptedthereport

REPUBLICOFKENYATHE NATIONALASSEMBLY

I3THPARLIAMENT-FIFTHSESSION-2026 DEPARTMENTALCOMMITTEEONTRANSPORTANDINFRASTRUCTURE

MEMBERSADOPTIONSCHEDULE

| No. | NAME | SIGNATURE | |-------|---------------------------------------------------|-------------------------------------| | I. | The Hon. GK George Kariuki, CBS, MP - Chairperson | | | 2. | The Hon.Didmus Barasa,CBS,MP-Vice Chairperson | | | 3。 | The Hon. Kiunjuri, Festus Mwangi, MP | | | 4. | The Hon. Abdul Rahim Dawood, CBS, MP | | | 5. | The Hon.Arama Samuel,MP | | | 6. | The Hon. Bady, Bady Twalib, MP | | | 7. | The Hon.Francis, Kajwang' Tom Joseph, CBS, MP | | | 8. | | The Hon. Kiaraho, David Njuguna, MP | | 9. | The Hon. Naicca, Johnson Manya, CBS, MP | | | 10. | The Hon. Chege, John Kiragu, CBS, MP | | | I1. | The Hon. Elsie Muhanda, MP | | | 12. | The Hon. Saney, Ibrahim Abdi, MP | | | 13. | TheHon.HusseinWeytanMohamed,MP | | | 14. | The Hon.Jhanda Zaheer, MP | | | 15. | The Hon. Komingoi, Kibet Kirui, MP | |

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