Moses Kuria, Sonko file petition against CS Rotich’s boda boda insurance proposal

A section of politicians led by Nairobi Governor Mike Sonko and Gatundu South MP Moses Kuria on Monday moved to court challenging a proposal by the government to have boda boda operators obtain insurance covers for their passengers.

Sonko, as well as two other lawmakers, now want the court to restrain Treasury Cabinet Secretary Henry Rotich from implementing the proposal in his 2019/20 financial budget arguing that it will lead to massive unemployment and huge loses.

The petitioners also argued that the said proposal was not shared with members of the public for comment before they were introduced, further adding that CS Rotich ought to have consulted the Attorney General first.

“It is in the best interest of justice the orders sought be granted to suspend operationalisation of the regulations proposed in the amendments as contained in the budget statement,” read court papers.

“The operators find themselves in a position where they are required to pay excessive and obstructive fees in the form of third party insurance without being given an opportunity to debate and discuss the proposal.”

Other petitioners in the suit include Gatundu South Member or Parliament (MP) Moses Kuria, East African Legislative Assembly (EALA) MP Simon Mbugua, former MP Kalembe Ndile, as well as Stanley Livondo and Kevin Bwire Mubadi.

The matter was certified as urgent and listed for hearing on June 24, 2019.

CS Rotich, while reading of the 2019/2020 budget statement on June 13, 2019, proposed that boda bodas and tuk-tuks be required to have an insurance cover for passengers and pedestrians.

“This mode of transport has proven to be very risky to the riders, passengers and even pedestrians. Further, Mr. Speaker, the accident victims, who are mostly from the lower cadres of the society, are left to seek financial assistance for treatment from friends and relatives since these boda bodas are not insured,” said Rotich.

“In order to mitigate against these risks, Mr. Speaker, I propose to amend the (Motor Vehicle Third Party Risks) (Certificate of Insurance) rules to require all passenger-carrying boda bodas and tuk-tuks to have an insurance cover for passengers and pedestrians.”

A group of boda boda operators were seen chanting and waving placards outside the Milimani Law Courts on Monday in protest of the proposals.