Kakamega Senator Boni Khalwale is preparing to withdraw the controversial Public Transport (Motorcycle Regulation) Bill 2023 citing widespread opposition from riders in Kenya.

Since going public about the Bill, bodaboda riders came out guns blazing terming the senator's proposed law a move to annihilate their source of incomes. 

"I have a record that extends over 20 years of listening to the common mwananchi. In the past, many youths in the bodaboda sector have lost their lives and I deemed it fit to introduce regulations to reduce the fatality rate on the road," Khalwale told the press.

The senator, however, observed that the proposed law sought to provide a mechanism of regulation to the otherwise chaotic bodaboda industry, which is infamous for breaching traffic rules. 

As of January 2025, the National Transport and Safety Authority (NTSA) statistcis show that there are roughly 2.5 million bodabodas (motorcycle taxis) registered in Kenya, with about 1.8 million actively operating.

Khalwale noted that his Bill was part of a wider plan to help reduce increasing cases of fatality due to accidents involving bodabodas. "They are also not compensated under the Work Injury Benefits Act," he noted. 

However, "Critics of the bill politicised it to the point of turning the youth against me. Tomorrow, I will formally write to the Senate and National Assembly Clerks, seeking the proposed legislation's withdrawal," he added. 

According to the Kakamega Senator, his Bill was poised to ensure that boda riders register with the county governments and saccos and install tracking device on their motorcycles and having valid employment contracts with the owners as part of mainstreaming the industry.

For flouters of traffic rules, Khalwale's Bill proposed a fine of KES20,000 for riders caught driving on walkways reserved for pedestrians and KES100,000 penalty or a 12-month jail time for boda bodas who team up with others to threaten other people or vandalise their properties.

Proposed highlights of the Public Transport (Motorcycle Regulation) Bill 2023 that angered boda boda riders:— 

- The Bill establishes a County Motorcycle Transport and Safety Board in every county to regulate, manage, and coordinate all matters relating to the bodaboda transport sector within the county.

- It requires registration of bodaboda riders and cross-county recognition of registration. 

- Requires SACCO membership for both owners and riders of bodabodas. 

- Requires training of riders in safe and defensive riding techniques, traffic laws and regulations, customer care and etiquette, handling of emergency situations, basic motorcycle maintenance and security awareness. 

- It specifies the responsibilities of the owner, rider and passenger of a bodaboda. 

- It requires employment contracts between owners and riders, specifying 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. 

- It restricts engine capacity of bodabodas used for commercial purposes to 250cc. 

- Limits the carriage of passengers to one, unless it is a tricycle (tuk tuk) of which the capacity shall be three passengers. It also restricts the carriage of loads by bodabodas. 

- Distinguishes between delivery bodabodas and passenger bodabodas.

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