All boda boda and tuktuk operators will have to take up insurance covers for their passengers and third parties such as pedestrians. This is according to new regulations that have been proposed by the Insurance Regulatory Authority (IRA).
The regulations, which will repeal the motor vehicle insurance rules introduced in 1999, will make it illegal for the boda bodas to operate without covers for their passengers.
This will be a departure from the current norm where tuk tuks and boda bodas used for non-public services like social, domestic and leisure purposes are only mandated to acquire third party insurance.
“There is no legal requirement for the operators to take up insurance policies as boda bodas and tuktuks are not indicated in the category of motor vehicles used by fare-paying passengers,” IRA chief executive officer Godfrey Kiptum said. “This leaves room for speculation as to whether they ought to take insurance cover or not. The law, however, provides for insurance cover for motorcycles and motorised three-wheelers used for social, domestic and leisure purposes.”
It is currently estimated that there are over 1.5 million boda bodas in operation in Kenya. The popularity of bodas as a means of transport has also resulted in a rise in the number of accidents caused by boda bodas. The majority of riders in Kenya are considered untrained and unprofessional. In 2020, over 439 passengers died from boda boda-related accidents. “There has been a high rate of accidents occasioned by boda bodas leaving the injured fare-paying passengers with no recourse or access to medical services,” said Kiptum.
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The proposed changes have received support from the Association of Kenya Insurers (AKI), which has stated that the least a boda boda should have is a third party insurance. “We need to protect Kenyans. When you jump onto that boda boda, you need to be sure that the least it has is third-party cover. Boda bodas knock people dead and injure others. These people need to be compensated,” AKI chief executive officer Tom Gachuhi said.
