By Dr. Edris N. Omondi (Advocate)
During a recent visit to the Jaramogi Oginga Odinga Referral and Teaching Hospital (JOORTH) in Kisumu, I was confronted with a distressing reality in the Casualty Department. On average, at least two boda boda riders are wheeled in daily, suffering from serious injuries—many of which are fatal. Those fortunate enough to survive often escape with permanent disabilities. This experience underscores the severe consequences of an unregulated boda-boda industry that has reached crisis levels across Kenya.
The boda-boda sector, while a critical source of income and mobility for many, has become a major safety concern. The growing number of accidents and fatalities linked to boda bodas points to the urgent need for comprehensive legislation, road management, and the empowerment of the towns and cities board to address this issue effectively. If left unchecked, the toll on both human lives and public health will continue to escalate.
National Crisis: The Boda-Boda Menace
Boda bodas have become a cornerstone of public transport in Kenya, especially in urban and rural areas where other forms of transport may be unavailable or impractical. However, this rapid growth has come with a steep price:
Road Safety Issues: The National Transport and Safety Authority (NTSA) reports that boda bodas are involved in 45% of all road accidents in Kenya, with a significant portion resulting in fatalities or debilitating injuries.
Traffic Congestion: Boda bodas contribute heavily to urban congestion, often bypassing traffic rules and creating chaos on already crowded streets.
Lack of Regulation: The boda boda industry remains largely unregulated, with many operators lacking proper training, licenses, and safety gear.
Legislative Solutions: The senate has just introduced the Public Transport (Motorcycle Regulation) Bill,2023 in response to the growing menace. The ‘boda boda’ Bill in the Senate is a pivotal step toward regulating the sector. Among its provisions, the bill seeks to:
Registration and Licensing: All boda boda operators must be registered and licensed, ensuring that only qualified individuals are allowed to operate in the industry.
Mandatory Safety Gear: The bill mandates the use of helmets and other safety equipment for both riders and passengers.
Insurance Coverage: Insurance will be required for all operators, ensuring that victims of accidents receive compensation.
Designated Routes and Lanes: The bill proposes the creation of specific routes and lanes for boda bodas to help reduce traffic congestion and enhance safety.
However, for these provisions to have a meaningful impact, there is a need for effective local enforcement. Empowering county governments to take charge of enforcement through relevant structure, will be key to the bill’s success.
The Bills Lacuna:
The bill devoid of current SACCOs, introduces cooperatives as a registration entry point and proposes the empowerment of County Government through the creation of a Board under a County Executive Member, presumably for Transport. In my thinking, we have a structural problem that would create a lacuna for confusion, inefficiency and a probable corruption avenue.
County Governments would have to juggle between management and revenue collection with new structures expected to be put in place. What if, we use the same existing structures but strengthen them, the output would be amazing. We already have the Urban Areas and Cities Act, which has created both the Towns and the City Board.
These boards under the legislation are already tasked with urban planning, infrastructure, and public service. They have experience handling matters related to transportation and urban mobility. In fact, a dive into section 13 of the Kisumu County Transport Act, for instance, gives us a bird’s eye view of the in-depth efforts County Governments are already involved in. They only need a boost from this bill to effectively manage the industry. By building on existing urban governance structures, we mitigate the risk of inefficiency and corruption, while also ensuring that regulations are tailored to local needs.
The Sacco’s as self-regulating as they are, can plunk into a tripartite arrangement legislatively with both the NTSA and the City Boards. The solution is not in creating new structures, but strengthening the existing ones to be efficient.
Compelling Motorbike Sellers to Ensure Safety:
A proactive approach to safety should also involve motorbike dealers. All sellers of motorcycles should be compelled by law to ensure that safety gear, including helmets, reflective vests, and gloves, is sold alongside every motorcycle purchase. This would ensure that every operator is equipped with the necessary tools to protect themselves and their passengers from the very start. Sellers should be legally required to provide safety gear at the point of sale, thereby fostering a culture of safety from the outset.
Road Management and Implementation Challenges:
While the legislative framework is crucial, effective road management and implementation are equally important:
Infrastructure Issues: Many roads in Kenya are not designed to safely accommodate motorcycles. There is a lack of dedicated lanes for boda bodas, poor road markings, and inadequate signage—factors that contribute to the chaos on the roads.
Enforcement Gaps: Despite existing traffic laws, enforcement has been inconsistent. Local authorities struggle with limited resources, corruption, and a lack of coordination, which undermines the effectiveness of regulations.
Cultural Resistance: The informal nature of the boda boda industry has made it resistant to regulation, with some operators and passengers reluctant to adopt new safety standards or licensing requirements.
Best Practices from Other Jurisdictions:
Several countries have tackled similar challenges and can offer valuable lessons for Kenya:
Dhaka, Bangladesh: In Dhaka, motorcycle taxis have been regulated through a combination of mandatory helmet use, licensing, and route restrictions. The government also introduced training programs for riders to improve safety standards and reduce accidents.
India: Cities like Mumbai have implemented motorcycle taxi regulations, including mandatory helmet use, the requirement for drivers to undergo training, and the establishment of dedicated motorcycle lanes. The use of ride-hailing apps has also helped to formalize the sector and ensure greater accountability among operators.
Rwanda: Rwanda has successfully introduced regulations that require boda boda riders to undergo safety training, wear helmets, and operate within designated routes. These measures have significantly reduced the number of accidents and fatalities in the country.
Thailand: Thailand enforces strict regulations for motorcycle taxis, including mandatory safety training, licensing, and insurance. The government has also created designated motorcycle lanes in major cities, which have helped reduce congestion and improve safety.
A Futuristic Outlook: Integrating Environmentally Friendly Motorcycles
As Kenya seeks to modernize and regulate its boda boda sector, it is crucial to also adopt a futuristic outlook that aligns with global sustainability goals. With the world moving towards environmentally friendly alternatives, Kenya must look beyond fossil-fuel-powered motorcycles. The shift towards electric motorcycles (e-bikes) can significantly reduce the sector’s environmental impact. This change is particularly timely, as fossil fuel-powered vehicles face increasing restrictions in many countries due to their contribution to pollution and climate change.
To encourage this shift, Kenya could introduce policies that support the use of electric motorcycles within the boda boda industry:
Subsidies for Electric Motorbikes: The government could offer incentives, such as subsidies or tax rebates, to boda boda operators who purchase electric motorbikes, making them more affordable and accessible.
Charging Infrastructure: Investment in charging stations for electric motorbikes is essential for this transition. By building a network of charging stations in urban centres, counties can encourage boda boda riders to switch to cleaner, greener alternatives.
Training and Support: Training programs for boda boda riders could also be tailored to include the maintenance and operation of electric motorbikes. This would ensure that operators are adequately prepared to manage the new technology.
Best Practice from Other Countries:
China: China has successfully integrated electric motorcycles into its urban transport systems. The government provides incentives for the purchase of electric bikes, and in cities like Shanghai and Beijing, electric motorcycles have become commonplace in the delivery and transport sectors.
India: In India, the government has launched initiatives to promote electric vehicles, including electric motorcycles, by providing financial incentives,subsidies, and reducing import duties on electric vehicles. Many Indian cities are also working on establishing charging stations for electric bikes, making it easier for riders to adopt green alternatives.
The Future of the Boda Boda Industry:
Looking ahead, the boda boda sector is likely to undergo significant changes:
Technological Integration: The rise of ride-hailing apps such as Bolt and Uber in the boda boda sector can help formalize operations and improve safety standards by introducing technology that tracks riders and ensures better service quality.
Stronger Regulation and Enforcement: The successful passage and implementation of the Boda Boda Bill will help create a safer environment for both operators and the public. Empowering county governments to enforce regulations and tasking Boda Boda Saccos with ensuring compliance will strengthen oversight and accountability.
Public-Private Partnerships: Collaboration between the government, private companies, and non-governmental organizations can further enhance road safety, improve training, and offer better insurance options for operators.
Environmental Sustainability: A key future consideration should be to encourage the adoption of environmentally friendly vehicles, such as electric motorcycles, that reduce pollution and contribute to Kenya’s broader environmental goals.
Conclusion
The boda boda industry plays a crucial role in Kenya’s transport system but poses significant risks to public safety and the environment. The Boda Boda Bill represents a critical step in regulating this sector, but its success depends on effective local enforcement, the active participation of boda boda Saccos, and the involvement of motorcycle sellers in ensuring safety gear is available from the outset. By learning from international best practices and implementing strong local enforcement, Kenya can build a safer, more organized boda boda industry—one that protects lives, reduces road accidents, and provides a safer working environment for operators.
