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"id": 1233456,
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"type": "speech",
"speaker_name": "Kanduyi, FORD-K",
"speaker_title": "Hon. John Makali",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I was worried about what was out of order, but I thank you for protecting me. I can now proceed. The Bill seeks to introduce the regional licensing. I am imagining if a boda boda rider is licensed in Bungoma County and he is carrying a passenger to Busia County where he is not licensed. What will happen to him there? The rider will be deemed unlicensed and will be bound to fall into problems with the traffic and the NTSA. I have a problem with the issue of licensing. Two, of course, this is the National Assembly, and it legislates nationally. If we look at the Fourth Schedule of our Constitution, it is very clear that matters relating to transport and licensing within the counties are basically left to the counties. By virtue of this particular amendment, are we trying to take over the work of our county assemblies, which have a duty to license transport of motor cycles and bodaboda within their respective areas of jurisdiction? The third issue is that in my short search, I have discovered that there are several pieces of legislations that have been enacted by this House that will tackle the issue we are having at the moment. Specifically, I want to make reference to the Public Motorcycles Regulation 9(5) of the NTSA Operation of Motorcycle (Amendment) Regulations of 2022 that were passed by this House. They were to deal with issues of licensing and regulation of the bodaboda within their respective centres. I also wish to make reference to Legal Notice No.121/2022 on NTSA (Operational Motorcycles) (Amendment) Regulations, 2022 that provide for the registration of bodaboda and taxis SACCOs as well as their licensing by the county governments. So, while I agree with the spirit and intention of the Bill, my only concern is this: Are we not trying to legislate over another legislation? What we need to ensure is that the NTSA performs its mandate. The NTSA is lacking in discharging its mandate. Otherwise, I support the spirit of the amendment, but I do not support the amendments."
}