The United Boda Boda Association of Kenya (UBBAK) has expressed its concerns over the proposed Public Transport (Motorcycle Regulation) Bill, 2023.
In a statement, the national body representing boda boda operators is particularly concerned with the privacy and security of its members if the bill passes as it is.
As outlined in the document, public service motorcycles must have a security device with a tracking feature that provides live updates on the motorcycle’s location. This is a concern for UBBAK.
“Continuous tracking of motorcycles infringes on the privacy of riders and could expose them to security risks, including potential misuse of tracking data,” says Kenneth Onyango, the National Executive Chairman of UBBAK.
The mandatory GPS tracking installation and extra licensing fees place a significant financial strain on boda boda riders. This is a group who are often already struggling to make ends meet.
The boda boda association is proposing making use of alternatives to GPS tracking, such as community-based identification and other security measures that do not compromise privacy.
As it is, the bill states, “The collection, processing, and use of data obtained through the security device shall be subject to the provisions of the Data Protection Act.”
Read: Kenya Government Proposes Mandatory Live GPS Tracking for Bodabodas
Another issue raised is that the bill’s severe penalties are undermined by unclear enforcement. This historically has resulted in riders being subjected to harassment and extortion by law enforcement.
UBBAK would like the government to conduct thorough stakeholder consultations on the bill, including input from boda boda associations and industry experts. It would also like a review of the financial impact to ensure compliance costs do not drive riders out of business.
Lastly, fair and just implementation mechanisms that prioritize rider protection from unnecessary harassment by authorities.