If the Public Transport Law of 2023 is passed in Kenya, Boda Boda riders will stage a nationwide strike.
The law includes regulations to limit reckless driving, enforce stricter industry guidelines, and improve road safety. However, riders believe that some provisions are difficult to implement and fear losing their livelihoods.
The law was discussed in the Senate this past January, and if it receives the President’s approval, it will come into effect. If this happens, the lives of the 2 million Boda Boda motorcycle users could be significantly impacted.
This industry supports 1.4 million households and generates approximately $7.7 million in daily income.
The law proposes several general changes. First, Boda Boda owners must hire licensed riders under formal contracts. It also stipulates that both riders and passengers must wear helmets and reflective vests.
After the law is passed, only one passenger will be allowed per motorcycle, and transporting heavy loads will be prohibited. Riders will also be required to have commercial insurance and install tracking devices. Riders strongly oppose the tracking device requirement.
If the law is violated, riders will face hefty fines and potential prison sentences. Riding in the wrong direction, on the pavement, or on pedestrian walkways will result in a $154 fine and six months in prison.
If a rider knowingly transports someone planning to commit a crime, they will share legal responsibility. Additionally, if riders threaten or attack others after an accident, they will be fined $772 and face up to one year in jail.
The Boda Boda Association of Kenya has expressed concerns that the law is unrealistic and could lead to the collapse of the industry. Riders argue that the law favors corporate players and app-based platforms, marginalizing informal operators.
Some have called for the government to subsidize insurance costs and offer training programs instead of enforcing punitive measures.
The government, on the other hand, believes that the law is necessary to bring order to Kenyan roads. Every year, thousands of traffic accidents are caused by Boda Boda riders.
In 2023, over 4,000 deaths were attributed to their negligence. From a political perspective, in 2022, William Ruto had called for police crackdowns on Boda Boda riders to be eased, emphasizing the sector’s economic importance.
However, the introduction of this law could lead to a significant loss of votes for him.