Why bid to end boda boda lawlessness has landed in Appeals Court

In his appeal, lawyer Rodgers Monda argues that High Court Judge Patricia Nyaundi erred by failing to settle the case through evidence, by settling on the technical aspect of it. [File, Standard]

A court battle pitting a lawyer against the government over failure to end the boda boda menace has landed in the Court of Appeal.

In his appeal, lawyer Rodgers Monda argues that High Court Judge Patricia Nyaundi erred by failing to settle the case through evidence, by settling on the technical aspect of it.

He stated that despite his case raising public interest concerns about unregulated motorbike use in the country, the Judge threw out his case on the basis of using newspapers as part of his evidence.

He claimed that the two-wheeled ride is the main means of committing crimes in the country. According to him, escalating road deaths, mob violence, sexual violence and assaults, murders, robbery with violence and destruction of property are linked to unregulated motorcycle operations.

“The learned Judge erred in law in determining, at the threshold stage and without hearing the Petition on its merits, questions of the probative value and sufficiency of the Appellant's evidence under sections 107 and 109 of the Evidence Act, contrary to her own holding that threshold issues fall to be determined before and separately from the merits,” argued Monda.

 At the High Court, Monda sued the Attorney General, the National Police Service (NPS), Inspector General of Police, the National Transport and Safety Authority (NTSA), the Transport Ministry Cabinet Secretary, Nairobi County, Boda Boda Association of Kenya and Association of Kenya Insurers (AKI).

He insisted that a Presidential directive issued back in 2022 that all boda bodas and riders be registered has never been implemented to date.

He argued that failure to implement deterrent frameworks such as mandatory insurance, tracking systems, or rapid response protocols is the reason behind the menace and nuisance caused by the riders.

According to Monda, it is rare for a boda boda rider in the city to follow the laid-out traffic rules, and some of them are unaware that such rules are in place. He insisted that they will overlap, use the wrong side of the road, and split lanes, but nothing is done to end this.

The lawyer stated that countries such as Rwanda use a co-operative model while Uganda has digital plates which are traceable to each rider, and Bogotá’s passenger restrictions, Lagos’ commercial motorcycle bans, and Brazil’s professionalisation of riders demonstrate feasible regulatory pathways.

“Kenya’s failure to adopt similar accountability structures has enabled anonymity-driven violence. There is an existential threat posed by boda boda impunity to public safety, constitutional governance, and the rule of law,” he argued.

He urged the court to force the government to install national rider identification systems, compulsory training and licensing, insurance enforcement, rapid response protocols, deregistration of violent associations, and quarterly compliance reporting.

In response, the Transport CS, AG, NTSA and NPS urged the court to strike out the case. They argued that Monda had jumped the gun, as the law had provided for a criminal process to deal with the menace.

They insisted that the court had no power to entertain the case as it was not ripe yet.

“Petitioner’s grievances, mob violence, vehicle arson, road carnage, and alleged selective enforcement, fall squarely within the ambit of the Criminal Procedure Code Cap 75, the Penal Code, the Traffic Act Cap 403, and the National Transport and Safety Authority (Operation of Motorcycles) Regulations 2022,” the reply filed by the AG read in part.

Nairobi County, on the other hand, argued that it has an existing legal and administrative framework, including the Nairobi City County (Motorcycle Taxi (Boda Boda) Permit Regulations), 2025, enacted and implemented to structure operations, enhance traceability, and enforce compliance.

It added that it has established a Boda Boda Enforcement Unit of sixty-seven officers mandated to regulate traffic flow, enforce county regulations, register operators in SACCOS, ensure uniform and identification compliance, and conduct crackdowns on riders violating traffic and nuisance laws.

The county, however, stated that it cannot arrest or prosecute criminal offences such as arson or malicious damage, which fall exclusively under the police.

In his further response, Monda stated that the crisis is not a mere policy lapse but a systemic collapse of enforcement mechanisms, producing daily fatalities, organised mob attacks, and a parallel vigilante justice system.

Kenya has around 2.4 million registered boda bodas. They come to fill the mobility gap driven by poor roads and unresolved traffic jams.

Monda said that the government is required to end the menace and should not wait until a crime has occurred for it to react.