What is the most effective way to oppose an unfavourable government decision? A lobby? A protest? A strike?
In Kenya, the latter two are often the strongest tools to prevent the government from overreaching.
Kenyan boda boda riders—commercial motorcycle operators—have pushed back against a government effort to regulate their sector. Last Wednesday, the Public Transport (Motorcycle Regulation) Bill, 2023, proposed by Senator Bonny Khalwale, reached the National Assembly.
The bill contains guidelines for boda boda riders to become legally required to register their vehicles and show ownership, put trackers on their motorcycles, and have motorcycle owners and riders in hire-purchase contracts enter formal contracts. For instance, formal contracts between owners and riders can help address common disputes, such as daily driver remittances. Tragically, on February 7, Jackson Mukundi, a Kenyan boda boda rider, was murdered. During the ongoing investigations, his employer has been identified as the alleged killer.
The bill is an attempt to curb reckless riding, protect riders, and improve public safety.
However, the Boda Boda Association of Kenya has threatened to go on strike. They claim that some provisions in the bill are impractical and could put them out of business. Specifically, they view the government surveillance, passenger limits (boda boda riders must carry only one passenger per trip), heavy fines for violations, and jail terms for non-compliance as an impasse.
While the regulations may seem harsh, boda boda riders have long been linked to public safety issues. Police efforts to collaborate with riders to reduce motorcycle-related crimes have had limited success. Boda bodas are heavily linked to various crimes, including robbery, assault, drug trafficking, and even murder. 79.5% of fatal motorcycle incidents are also caused by reckless driving, such as hit-and-runs after robberies.
The proposed regulations could impact three million riders, many of whom rely on this work for their daily income. Additional documentation means extra costs, but the surveillance also targets rogue drivers, who fear the crackdown.
Motorcycles often face scrutiny across Africa. Rwanda, for example, has successfully regulated its motorcycle sector, reducing crime. Other African cities have banned motorcycles from plying major roads altogether.
Kenya’s motorcycle regulation will help it achieve two goals: to monitor a sector that has been a public safety headache for years, as well as add an unassuming, yet unpredictable income source for the government. A regulation is practical here, and it will have an impact on Kenya’s tech sector where food delivery startups often employ boda boda riders to deliver customer orders. Kenyan law-makers and boda boda riders will need to reach a compromise.
