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No person shall operate a motorcycle (boda boda) unless they have completed a training course approved by a Board, if a new Bill is passed by Parliament.

At the same time, no Boda Boda riders will be allowed to carry more than one passenger at any given time on public roads and if found will be liable upon conviction to Sh20,000 or to imprisonment for a term not exceeding six months or, both.

The Public Transport (Motorcycle Regulations) Bill, 2023 sponsored by Kakamega lawmaker Boni Khalwale seeks to put in place a legal framework to regulate the use of boda bodas for commercial purposes at the county level.

And to regulate the sector well, Khalwale in his Bill is proposing the establishment of a County Motorcycle Transport and Safety Board in every county. The board will be responsible for developing policies, regulations, and guidelines on motorcycle transport and safety matters within the county.

The Board will also manage and control motorcycle transport services within the county, including registration and licensing of motorcycle riders, designate parking and routes and ensure compliance with the provisions of the Act and any other laws related to the transport sector within the county.

In addition, the County Motorcycle Transport and Safety Board will also conduct research, collect data on transport and safety matters within the county, develop and implement programs to promote road safety, including training and education of riders and passengers.

“No person shall use a motorcycle for commercial purposes in a county unless it is registered in accordance with this Act. A person who wishes to operate a motorcycle for commercial purposes in a county shall register it with the Board,” reads part of the bill.

The Board shall consist of a chairperson appointed by the county governor, the county executive committee member responsible for matters relating to transport, the county executive committee member responsible for matters relating to finance, the County Attorney and the County Police Commander or a representative designated in writing.

In addition, the Board will also have four persons appointed by county executive committee member responsible for matters relating to transport and two persons appointed by the county executive committee member responsible for matters relating to transport to represent groups with special interests in the motorcycle transportation industry.

Register Saccos

And to ensure that those in the boda boda sector are cushioned from the vagaries of unemployment, Khalwale in his proposed law suggests that a person who owns or operates a motorcycle for commercial purposes shall register with a Savings and Cooperative Societies recognized under the Cooperative Societies Act.

“Each Savings and Cooperative Societies shall provide proof of registration of an owner or rider confirming their membership at the request of the Board. The membership of a Savings and Cooperative Societies by a rider of a boda boda shall not be for the purpose of forming a gang or cartel by the riders.”

And in what will bring sanity on the roads posed by the boda boda menace, the Board shall ensure that training courses in authorized driving schools include training on safe and defensive riding techniques, traffic laws and regulations, customer care and etiquette and handling of emergency situations.

In addition, 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.

“Every owner shall issue to the rider two helmets which comply with the standards established by the Kenya Bureau of Standards and are of the prescribed colour and two reflective jackets which are of the prescribed colour.”

Valid driving license

If enacted, the owner of a boda boda will ensure that every rider of a two-wheeled motorcycle has a valid driving license issued by the Authority, has a certificate of registration issued by the Board and ensure that the rider does not carry a person on a motorcycle without the prescribed protective gear properly fastened.

The owner of the motorcycle in use will also ensure that the rider does not carry more than one person at a time, ensures that passengers are carried on a proper seat with foot rests securely fixed to the motorcycle behind the rider’s seat and ensures that a passenger sits astride the motorcycle.

“The owner of the motorcycle will ensure that the headlights of the motorcycle are on at all times when riding, ensure that loads exceeding fifty kilograms and passengers are not carried at the same time and keep the protective gear in a clean, dry and generally wearable condition,” reads part of the bill.

Passengers will also be held responsible for properly a helmet and reflective jacket whenever being carried, not board or be carried on a motorcycle that already has a passenger except as provided, not board or be carried on a motorcycle that is carrying any load exceeding 50kg and sit astride in the seat fixed behind the rider’s seat.

According to Khalwale, any person who rides a motorcycle on a pavement or pedestrian walkway, or in any other area that is not designated for motorcycle use commits an offence and that any person who rides a motorcycle in the opposite direction of traffic flow on a one-way street or a designated lane commits of an offence.

“Any person found guilty of an offense under this section shall be liable on conviction to a fine not exceeding Sh20,000 or to imprisonment for a term not exceeding six months or to both.”

Moreover, to put an end to gang up, Khalwale proposes that any rider who participates in ganging up with other riders in an attempt to intimidate, threaten or harm another person in the event of an incident, including but not limited to an accident, commits of an offense.

“Upon conviction, the offender shall be liable to a fine not exceeding Sh100,000 or to imprisonment for a term not exceeding one year, or to both.” Khalwale’s Bill further provides that every owner of a boda boda who engages in the services of a rider shall enter into a written employment contract with the rider.