The Insurance Regulatory Authority (IRA) has proposed changes to the motor vehicle laws that will make it unlawful for boda bodas to work without covers for their passengers.
IRA expressed that boda bodas have been the reason for rising number of accidents that have left many injured and incapable to foot heavy medical bills. The insurance regulator is urging Parliament to pass laws that will make it vital for passengers and pedestrians to be covered if boda bodas are involved in an accident.
As indicated by the IRA, three-wheelers (tuk operators) will likewise be compelled to have third-party insurance covers to protect their passengers and pedestrians in case of an accident.
IRA Chief Executive Officer, Godfrey Kiptum, clarified that albeit three-wheelers utilized for social, domestic and recreation purposes are needed to have insurance cover the law doesn't constrain boda operators to take up insurance covers.
"There is no legal requirement for the operators to take up insurance policies as boda bodas and tuk tuks are not indicated in the category of motor vehicles utilized by fare- paying passengers," IRA's assertion read to some extent. "This leaves room for speculation with respect to if they should take insurance cover. The law, notwithstanding, accommodates insurance cover for motorcycles and motorized three-wheelers utilized for social, domestic and recreation purposes."
Insurers' lobby, Association of Kenya Insurers (AKI), upheld the proposal by IRA, holding that they will encourage millions of Kenyans who use boda bodas and tuk tuks.
AKI expressed that boda bodas cause a lot of accidents and the casualties don't get help for hospital bills nor are they compensated even in circumstances where a portion of the casualties are as of now not capable for earning a living.
"We need to protect Kenyans. When you jump onto that boda boda, you should be certain that the least it has is a third-party cover. Boda bodas knock individuals dead and injure others. These individuals should be compensated," AKI CEO, Tom Gachupin, expressed.
In 2019, Parliament dismissed the Treasury's push for compulsory third- party cover for boda bodas and tuk-tuks.
The National Assembly Committee on Delegated Legislation annulled the proposed laws citing absence of public participation. The team expressed that the regulations repudiated Articles 10 and 118 of the Constitution which gives credence to public participation.
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