The National Assembly is poised to deliberate on a motion calling for the withdrawal of the Public Transport (Motorcycle Regulation) Bill, 2023—Senate Bill No. 38—following a formal request by the Senate, triggered by significant public concern over the bill’s provisions.
The announcement was made by the Speaker of the National Assembly, Moses Wetang’ula, on Wednesday, April 23, 2025, during a plenary sitting, shortly before the news was shared on the official Facebook page of Parliament.
The Speaker informed the House that the Senate had formally communicated a request for the cessation of further consideration of the bill, which had been sponsored by Senator Boni Khalwale of Kakamega County.
“I have received a letter from the Speaker of the Senate informing me that the sponsor of the bill requests its withdrawal, citing widespread public outcry regarding certain provisions,” stated Speaker Wetang’ula. The letter, dated March 7th 2025, conveyed the Senate’s formal request for the cessation of any further legislative action on the matter.
The Public Transport (Motorcycle Regulation) Bill had been read for the first time in the National Assembly on February 13, 2025, and was subsequently referred to the Departmental Committee on Transport and Infrastructure for detailed scrutiny.
The proposed legislation sought to introduce a regulatory framework for motorcycle-based public transport services, commonly known as bodabodas, at the county level.
However, the bill faced sharp criticism from various stakeholders, including bodaboda riders, civil society organisations, and members of the public, who raised concerns over its potential to disrupt the livelihoods of thousands of informal transport workers.
Speaker Wetang’ula acknowledged the unique procedural challenge posed by this request, describing it as “an unprecedented scenario” in the legislative process. “This request presents a novel procedural scenario, as this is the first time that such a request has been received in the bicameral processing of bills in the Houses of Parliament,” he remarked.
Under the current Standing Orders, specifically Standing Order 140(1), provisions for the withdrawal of a bill apply only to bills sponsored by members of the National Assembly. As such, Speaker Wetang’ula noted, the existing rules do not cater for the withdrawal of a bill that originates from the Senate.
“It is therefore evident, Honourable Members, that the current provisions of the Standing Orders do not contemplate the withdrawal of a bill other than by the sponsor,” the Speaker observed, referring to the technical gap in the parliamentary rules.
To navigate this gap, the Speaker invoked Standing Order 1, which grants him the authority to determine matters not expressly covered by the Standing Orders, drawing guidance from the Constitution, statute law, and established parliamentary practices. Citing examples from bicameral parliaments in the United Kingdom and India, Speaker Wetang’ula explained that, in such systems, the withdrawal of a bill already under consideration in the second house is typically effected through a formal motion.
“In this regard”, he continued, “the matter shall be considered by the House via a motion to discharge the bill from second reading. The notice for this motion will be given, and it will be moved by the chairperson of the Departmental Committee on Transport & Infrastructure, which is currently responsible for the bill.”
The Speaker also directed that the House Business Committee would schedule the motion in the order paper at an appropriate time. If the House were to approve the motion, the bill would be considered withdrawn, and the Departmental Committee on Transport and Infrastructure would be relieved of its mandate to continue deliberations on the bill.