KRA, Ministries Propose Changes to Bill on Regulating Boda Bodas

The Kenya Revenue Authority (KRA) and the Ministries of Cooperatives and Transport have proposed changes to thecontentious Motorcycle Regulations Bill sponsored by Kakamega Senator Boni Khalwale.
This follows a meeting convened by the National Assembly’s Departmental Committee on Transport to review key stakeholder submissions regarding the proposed law.
In its submissions to the Committee, theMinistry of Transport expressed support for a majority of the Bill’s provisions, but raised concerns over repealing Sections 21 and 22 of the National Transport and Safety Authority (NTSA) Act.
These sections provide for the establishment of County Transport and Safety Committees (CTSCs), outlining their duties, which include providing advice to the Authority and implementing policies at the county level.
The Ministry warned that replacing them with new County Transport Boards would result in duplication of roles and unnecessary public expenditure, given the NTSA’s existing investments in the CTSCs.
Meanwhile, the submissions by the Kenya Revenue Authority (KRA) focused on technical and legal refinements. The Authority proposed that boda boda riders provide proof of tax compliance for commercial motorcycle registration.
KRA also called for clarity in defining ‘County Executive Member responsible for transport’ and recommended that both riders and passengers be required to sit astride motorcycles, with exemptions for persons with disabilities.
On their part, the Cooperatives Ministry recommended the insertion of a clause allowing boda boda cooperative societies to join larger cooperative structures.
The Ministry argued that this would enhance representation and access to services but also introduce financial and governance responsibilities.
The Ministry further proposed that theBill be expanded to include tuk-tuk operatorsfor enhanced inclusivity and compliance with traffic regulations.
During the meeting, the Private Bikers Association of Kenya (PBAK) made their submissions, and it strongly advocated for a distinction between private and commercial motorcycles.
The Association proposed that private motorcycles, used for personal or recreational purposes, be excluded from the Bill’s scope. They argued that subjecting non-commercial riders to the same requirements as commercial operators would be unfair.