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MPs seek to amend bill to regulate street hawking

According to the Aldai MP, for decades, hawkers have existed in a legal grey zone, tolerated in some areas and expelled from others, often at short notice.

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 The Departmental Committee on Trade, Industry and Cooperatives is aiming to amend a national law to regulate street vending in Kenya.

The move, the MPs say will finally end the cycle of harassment, confiscations and forced evictions that has defined the sector for years across the 47 counties.

Marianne Kitany, Vice-Chairperson of Committee says the proposed framework, anchored in the Street Vendors (Protection of Livelihood) Bill, 2023, seeks to compel counties to create designated trading zones while introducing clear, enforceable standards for how hawkers operate and how they are treated.

According to the Aldai MP, for decades, hawkers have existed in a legal grey zone, tolerated in some areas and expelled from others, often at short notice.

Marianne Kitany, Vice-Chairperson of The Departmental Committee on Trade, Industry and Cooperatives during a fact-finding mission in Kisumu. Photo credit: Fredrick Odiero.

MPs now argue that such inconsistency has bred conflict, undermined livelihoods and eroded trust in local authorities.

“This is not about removing hawkers from our towns, it is about recognising them, organising them and protecting them,” she said.

Kitany said the proposed law will introduce a structured system where traders are registered, allocated spaces and integrated into county planning frameworks effectively bringing informal enterprise into the fold of formal economic policy.

“We are building a framework that gives dignity to small traders. Once you have designated zones and a proper register, you eliminate the excuse for harassment. The law will be clear, and it will apply uniformly across all counties,” she asserted.

She emphasised that Parliament is not acting in isolation.

The committee has received submissions from key stakeholders, including hawkers’ associations, the Council of Governors and county representatives, many of whom have backed the idea of formal registers to streamline licensing and planning.

Besides the hawking Bill, the chairperson revealed that MPs are pursuing a broader economic reform agenda by working on a startup bill to simplify business registration and engaging stakeholders on a local content framework aimed at strengthening domestic production and expanding market access.

“This is about creating an ecosystem where enterprise can thrive from the smallest trader to larger industries,” she said.

Committee member Beatrice Adagala confirmed that the Bill has already passed through the Senate and is now before the National Assembly, where it has been subjected to public participation.

“The Bill is now in the hands of Kenyans. They will interrogate it, approve it or propose changes. That is the strength of our legislative process,” she said.

Adagala struck a firm and reassuring tone, insisting that MPs are determined to see the process through to its conclusion.

“We are committed, as Parliament, to ensure this law is enacted. The voices we are hearing from traders and citizens only strengthen our resolve to deliver a framework that works,” she said.

She added that the goal is not merely to pass legislation, but to end a long-standing injustice.

“No Kenyan should be chased from the streets simply for trying to earn a living. This law is about fairness, order and protection,” she said.

The Vihiga Woman Representative further noted that public participation will play a critical role in shaping the final form of the law, with MPs expected to incorporate views from across the country before tabling it for final debate and passage.

On the streets, where policy meets reality, the proposals have been met with cautious optimism.

Hawkers say the promise of designated spaces and legal recognition could transform their daily lives.

The vendors who attended the public participation welcomed the move as long overdue stating that the constant run-ins with authorities have made business unpredictable and, at times, untenable.

They noted that a clear system would allow traders to plan, invest and grow without fear of losing their merchandise overnight.

“Formal recognition would bring dignity to a profession often dismissed despite sustaining thousands of households,” John Okumu one of the vendors said.

The legislators now believe they have a chance to change that.

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