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"id": 1425012,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1425012/?format=api",
"text_counter": 398,
"type": "speech",
"speaker_name": "Sen. (Dr.) Khalwale",
"speaker_title": "",
"speaker": {
"id": 170,
"legal_name": "Bonny Khalwale",
"slug": "bonny-khalwale"
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"content": "“11.(1) Every owner of a motorcycle operating for commercial purposes shall not cause or permit any person to ride their motorcycle unless such person is the holder of a valid driving licence or a valid provisional licence endorsed in respect of that class of motorcycles and a valid employment contract.” Mr. Temporary Speaker, Sir, why is this important? An owner must have an employment contract with the youth. It is usually very cozy and fine when business is booming, but as soon as the young rider then is involved in an accident, he is normally abandoned by the owner of the motorbike. The boy will be there stuck with bills; the relatives do not know what to do. The owner has disappeared into thin air, especially in instances where the owner had not registered the motorbike. Clause 11 continues to state that- “(2) Every owner shall issue to the rider— (a) two helmets which comply with the standards established by the Kenya Bureau of Standards and are of the prescribed colour; (b) two reflective jackets which are of the prescribed colour.” Why two in both cases? Because the Bill is going to insist that it is a crime for you to ride a boda boda when you are not wearing a helmet and not donning a reflective jacket. It works. I remember the Clerk-at-the-Table, Mr. Ruge, we recently had a tour of Kigali together and it was impressive. There is order. Everybody, including the passenger, was wearing a helmet and a reflective jacket. Also, when the traffic lights turned red, all the motor vehicles including motorcycles stopped until they turned green. This Bill will inculcate into these young people that that will be the order of the day. Mr. Temporary Speaker, Sir, we all live in Nairobi, especially one of the premier roads in Nairobi is the road that cuts between the National Parliament and the Senate chambers. On the other side, we have County Hall and Bunge Tower. On this road, you will be lucky if you do not crash. Boda bodas come from either way without caring whether they are riding on the left or right. Having said that, we will also insist that a motorcycle owner should never ask a youth to ride a motorbike that is not insured. If a youth is found to be riding a motorcycle that is not insured, the responsibility of breaking that law will not rest with the rider, but with the owner for giving the youth a motorcycle that is not insured. The rider should not be harassed, but provide the address of the owner of the motorbike and continue with his business as the police look for the owner and deal with him. This law also gives responsibilities to riders, which include that. The Bill in Clause 12(1) states that every rider of a two-wheeled motorcycle shall- “(a) have a valid driving license issued by the Authority; (b)have a certificate of registration issued by the Board; (c)ensure that they shall not ride or carry a person on a motorcycle without the prescribed protective gear properly fastened;"
}