Kakamega: The National Parliamentary Committee on Trade, Industry, and Cooperatives of the National Assembly has proposed the Street Vendors (Protection of Livelihood) Bill, 2023. This bill aims to legally recognize, regulate, and protect street vendors from harassment while ensuring a conducive environment for them to operate.
According to Kenya News Agency, the Vice-Chair of the Committee, Maryanne Keitany, stated that the bill seeks to address the recurrent issue of harassment faced by street vendors, which includes the random confiscation of goods and the loss of livelihoods without legal recourse. The bill aims to create a legal framework to safeguard the rights of street vendors, ensuring they can earn a dignified living.
The proposed legislation outlines the creation of vending zones categorized into restriction-free zones, restricted zones, and no-vending zones. County Executive Committees responsible for trade will conduct surveys to designate these zones, which will then be published in the Kenya Gazette. Areas with high pedestrian traffic may be deemed restriction-free, while sensitive locations such as hospital entrances could be classified as no-vending zones.
Debate at the public participation forum focused on the bill’s provisions regarding registration and licensing. Vendors will need to register with county governments and obtain a license, which will classify them as stationary or mobile vendors. The bill allows for both physical and online license applications, which was welcomed by participants for reducing bureaucratic hurdles.
Licenses will include vendor details and must be renewed annually. Authorized officers will only be able to seize goods under specific conditions, providing a receipt detailing the confiscation. This aims to prevent undocumented confiscations. Further, the bill prohibits officers from acting without legitimate purpose, with penalties including fines and jail terms for violators.
Participants raised various concerns, including special considerations for People Living With Disabilities and students regarding license fees. Joseph Joshua from Ikolomani highlighted the broad wording of terms like ‘public interest,’ which could lead to arbitrary vendor evictions. He also criticized the proposed fines for non-compliance as disproportionate to vendors’ earnings, suggesting a more progressive penalty system.
David Ekombe from Chieroi Market questioned multi-county licensing and the potential limitation on hawker numbers in specific areas. Multi-county licensing will be available, allowing vendors to operate across counties with the respective licenses.
Additionally, Esther Kavaya raised concerns about sanitation and drainage in major towns, urging improvements from the county government. The Committee, led by Vice-Chair Maryanne Keitany and members Anthony Oluoch and Wario Adhe Guyo, assured that public feedback would be considered in the bill’s finalization.