The National Assembly is poised to deliberate on a Motion seeking the withdrawal of the controversial Public Transport (Motorcycle Regulation) Bill, 2023, following a formal request from the Senate prompted by public uproar.
The proposed legislation, sponsored by Kakamega Senator Boni Khalwale, sought to establish a county-level regulatory framework for the operations of motorcycle transport, popularly known as bodabodas. However, widespread criticism from stakeholders and the public has led to calls for its withdrawal.
In a communication to the House on Wednesday, Speaker Moses Wetang’ula informed Members that the Senate had officially requested the National Assembly to halt further consideration of the Bill.
“I have received a letter from the Speaker of the Senate conveying the sponsor’s request to withdraw the Bill from further consideration. The letter, dated March 7, 2025, cites significant public outcry over some provisions of the Bill,” Wetang’ula announced.
The Bill had already gone through its First Reading in the National Assembly on February 13, 2025, and was committed to the Departmental Committee on Transport and Infrastructure.
Speaker Wetang’ula acknowledged the uniqueness of the situation, noting that it marks the first time a withdrawal request has been made during the bicameral legislative process.
“This presents a novel procedural scenario, as it is the first time such a withdrawal request has been received from the Senate during the bicameral consideration of a Bill,” he said.
He pointed out that the National Assembly’s Standing Orders do not currently provide for the withdrawal of a Bill by a non-member of the House.
“Standing Order 140(1) only allows the sponsor of a Bill, who must be a Member of the National Assembly, to initiate withdrawal. There’s no provision for cases where the sponsor is from the Senate,” he clarified.
To navigate the procedural gap, Wetang’ula invoked the authority granted to the Speaker to rule on matters not explicitly addressed in the House rules, guided by the Constitution, statutory laws, and parliamentary precedents from other bicameral systems like those in the United Kingdom and India.
“In such systems, when a Bill is before a second chamber, its withdrawal requires a formal Motion. Therefore, in our case, the matter shall be brought before the House by way of a Motion to discharge the Bill from Second Reading,” he ruled.
The Motion will be introduced by the Chairperson of the Departmental Committee on Transport and Infrastructure, and the House Business Committee has been directed to schedule it for debate.
“Should the House adopt the Motion, the Bill will be deemed withdrawn, and the Committee shall cease any further deliberations on it,” Wetang’ula concluded.
