Ndegwa alleged the regulations saying they were formulated without their input and says he only came to learn about the Bill through the media.
The Public Transport (Motorcycle Regulation) Bill, 2023, sponsored by Kakamega Senator Boni Khalwale, proposes the introduction of a number of regulations touching on registration, operation, and management of the sector at the county level.
Ndegwa has however questioned the rationale behind the new law including a proposal mandating the County Government regulate the industry which has always been under the national government.
“Placing the sector under the county government is quite improper. Let us remain under the office of the County Commissioner who has no political leanings,” he said.
Ndegwa claimed many of the provisions in the Bill are untenable to the sector, especially for those operating in rural areas where motorcycles remain the only mode of transport.
The official disclosed that he has already embarked on the process of distributing copies to 1,200 members of his sacco to help them familiarize themselves with its contents.
He faulted article 17(1d, f) which prohibits riders from carrying a load exceeding 50 kilogrammes alongside a passenger terming such a requirement impractical.
Ndegwa also argued that imposing a Sh50,000 fine for those found flouting the provisions of the Act is quite unreasonable given the difficult economic situation currently facing the sector.
“While some of the proposed legislations are quite in order, there is a need to relook at others that may end up hurting our operations more. For instance, while the Bill recommends us to be ferrying only one passenger at a time, it is silent on what happens in case such a passenger is an elderly or sick person needing assistance,” he posed.
“In addition, the Bill proposes those who engage the services of a rider to do so through a written contract. However, the Bill is again silent on what happens if the same person uses your motorcycle to commit a crime since such a contract is binding and you cannot dismiss him on the spot.’’
Paul Mwangi, another bodaboda rider, has faulted the requirement to fit motorcycles with security tracking devices.
Mwangi has also opposed plans to place the sector under the county government administration warning this will be counterproductive in their operations.
He opined that the county government may take advantage of the new laws to levy additional taxes on bodaboda operators still reeling under the effects of the current hard economic situation.
“We are not criminals, we are only trying to earn a decent living. Directing us to install trackers on our motorcycles is forcing us out of business since these gadgets require a tidy sum of money, a luxury we can ill afford. If the County government will provide the gadgets free of charge, we have no problem with that," Mwangi said.
Robert Ngari, another operator has faulted the proposal limiting the amount of load a rider can carry at a go.
He said such a provision fails to put into recognition the challenges of mobility in the rural areas.
“Limiting us to be ferrying loads of up to 50kgs is unrealistic. Sometimes, passengers come with heavy luggage, and it is part of our responsibility to help them get to their destinations. This bill ignores the economic realities we face in our day-to-day errands," Ngari claimed.
However, Stephen Mwaniki has welcomed the new regulations insisting they will go a long way in streamlining the sector.
Mwaniki said despite the sticky issues, the safety and security of both the rider and his pillion passenger remain paramount and should be guarded at all costs.
“I fully concur that helmets can save lives in the event of an accident. I often have some reservations regarding the condition of the helmets we provide. Many customers have rightfully pointed out that a lot of our helmets are dirty and not well-maintained. As riders, we want to ensure that our passengers feel safe and comfortable,” Mwaniki said.
The Bill proposes the establishment of a County Motorcycle Transport and Safety Board that motorcyclist adheres to.
A County Executive Committee member in charge of transport shall be responsible for the regulation, management and coordination of all matters relating to the bodaboda transport sector at the county level.
Article 33(2) of the Bill obliges riders to cooperate with officers of the board in ensuring they comply with the new law.
“The owner or rider of a motorcycle shall cooperate with an authorized officer conducting an inspection under this section and shall provide all necessary documents and information. An authorized officer may require the owner, the owner or rider of a motorcycle to produce proof of registration, insurance, and any other documents required by this Act,” it reads.
Article 16 of the Bill also provides that all riders must have valid driving licenses from training institutions approved by the National Transport Authority (Ntsa).
The Bill proposes that riders should have acquired training on customer care and etiquette, are in a position to handle emergency situations, and possess basic motorcycle maintenance and security awareness and precautions certificates.
In case the Bill becomes law, riders will no longer be allowed to ferry two pillion passengers at a time.
The law also prohibits riders from carrying a pillion passenger alongside a load exceeding 50 kilogrammes.
However, according to Article 17 (2) a child who is less than thirteen years old may be carried together with an adult passenger provided the kid is seated between the rider and the adult passenger.
The proposed law also grants authority to the CEC in charge of Transport to authorise the use of motorcycle ambulances equipped with medical equipment and supplies as long as such are approved by the relevant national and county health authorities.
However, such ambulances must be operated by trained medical personnel with valid medical licenses.
Article 28 further mandates bodaboda operators to fit their motorcycles with security devices which are subject to the provision of the Data Protection Act.
Such devices must be approved by the CEC in charge of Transport.
“The security device referred to in sub-section (1) shall include a tracking device that allows for real-time monitoring of the location of the motorcycle. The owner or rider of a motorcycle shall ensure that the security device is functional at all times and shall report any malfunction or damage to the device to the county executive committee member.”
A person who contravenes the provision of the Act and whose provision is not provided for elsewhere under the Bill is liable on conviction to a fine not exceeding sh 20,000 or to imprisonment for a term not exceeding six months or both, according to Article 32 of the legislation.
