Kakamega Senator Boni Khalwale has withdrawn the Public Transport (Motorcycle Regulation) Bill 2023, citing sector concerns that require progressive handling. 

The legislation aimed to regulate commercial boda boda motorcycles at the county level. Khalwale withdrew the bill after considering issues raised during public participation. 

“The stakeholders in the boda boda sector raised pertinent issues such as the weight of load they should carry, among other concerns. I would be exercising legislative impunity if I proceed with this bill as it is,” he said. 

The bill had proposed several regulations, including prohibiting loads projecting more than 60cm behind the motorcycle and requiring rear-projecting loads to be marked with red indicators during daytime or lights at night. 

Dragging loads 

It would also have prevented loads from dragging on the road while excluding passenger luggage under 10kg that doesn’t project more than 15cm beyond the handlebars. 

The withdrawn legislation would have prohibited the simultaneous carrying of passengers and loads exceeding 50kg, limited riders to one passenger at a time, required passengers to sit astride proper seats with foot rests, and mandated that headlights be on while riding. 

“For the purpose of this act, a load excludes luggage carried by a passenger provided such luggage does not exceed ten kilograms in weight and does not project more than fifteen centimetres beyond the outside end of the handlebars,” part of the bill says. 

All motorcycle riders would have needed valid driving licences and registration certificates, with both riders and passengers required to wear prescribed protective gear.  

Visible plates 

Rear number plates would need to remain visible at all times, with overtaking only permitted on the right side and not in the same lane. Operators would have been required to observe traffic signals and rules while avoiding parking in undesignated areas. 

The bill, which had already been approved by the Senate, would have mandated training in safety, traffic laws, customer care, emergency handling, maintenance, and security awareness before operating commercially.  

Child riders 

Owners would have provided riders with two standards-compliant helmets and two reflective jackets of prescribed colours. 

Special provisions included allowing children under nine to ride between a rider and an adult while wearing child-specific helmets, with exemptions for people with disabilities from sitting-astride requirements.