Street vendors are a familiar part of daily life in Kenya. They sell fresh produce, clothes, household items, electronics, snacks and many other products from roadsides, pavements and open spaces. For thousands of families, hawking is not just a business but their main source of income.
Despite their contribution to the economy, many street vendors have operated without clear legal protection. Their businesses are often disrupted by evictions, confiscation of goods and changing county regulations. To address these challenges, lawmakers are considering the Street Vendors (Protection of Livelihood) Bill, 2023, which is currently before the National Assembly.
The proposed law seeks to create a national framework that recognises street vending as a legitimate economic activity while providing guidelines on how it should be managed across the country.
Formal recognition of street vendors
One of the main objectives of the Bill is to formally recognise street vending as a lawful means of earning a living.
The proposed legislation acknowledges that street vendors contribute to employment creation, poverty reduction and local economic development. It seeks to ensure that people who depend on hawking are protected while carrying out their businesses within the law.
Rather than viewing street vendors as illegal traders, the Bill proposes that they be recognised as participants in Kenya’s economy.
Counties to prepare vending plans
The Bill requires every county government to prepare street vending plans.
These plans would identify where vending can take place and organise trading activities in a way that supports both businesses and public order. Counties would also be expected to consult residents, traders and other stakeholders before developing or implementing the plans.
The proposal aims to reduce conflicts that arise when vendors occupy areas that county governments consider unsuitable for trading.
Designated vending zones
Under the proposed law, county governments would establish designated vending zones.
These are specific areas where licensed street vendors would be allowed to operate. The Bill also states that counties should not declare an area a no-vending zone before preparing vending plans and conducting public participation.
The objective is to create an organised system where vendors know where they are allowed to trade while protecting public spaces, roads and pedestrian walkways.
Registration and licensing
The Bill introduces a registration and licensing system for street vendors.
County governments would maintain registers of licensed vendors and issue licences according to procedures they establish. The law recognises different categories of vendors, including those who operate from fixed locations and those who move from one place to another while selling goods.
The registration process is intended to create proper records of traders and improve the management of the sector.
Basic services in vending areas
The proposed legislation also requires county governments to provide essential services in designated vending areas where possible.
These include clean water, sanitation facilities, waste collection, lighting, security, storage facilities and shelters. The aim is to improve public health and create a safer working environment for vendors and their customers.
The Bill recognises that proper infrastructure can support cleaner, safer and more organised trading spaces.
Protection of vendors’ livelihoods
A major focus of the Bill is protecting vendors from arbitrary actions that threaten their livelihoods.
By providing a legal framework for licensing, planning and regulation, the proposed law seeks to reduce disputes between vendors and county enforcement officers. It also promotes fairness by requiring counties to follow established procedures when regulating street vending.
The Bill does not eliminate enforcement but seeks to ensure that regulation is guided by clear rules.
Role of county governments
Although the Bill creates national standards, county governments will remain responsible for implementing the law.
They will oversee licensing, prepare vending plans, establish vending zones, develop regulations and enforce compliance within their respective counties. This aligns with the Constitution, which places trade and local markets under county governments.
The national law is intended to provide consistency while allowing counties to respond to their unique circumstances.
The Street Vendors (Protection of Livelihood) Bill, 2023, is currently before the National Assembly after being passed by the Senate. Members of Parliament will debate its provisions, consider proposed amendments and decide whether to pass it into law.
If enacted, the Bill would provide Kenya with its first comprehensive legal framework specifically addressing street vending. It would introduce common standards for recognising, planning and regulating the sector while leaving implementation to county governments.
For thousands of hawkers across the country, the proposed law could provide greater certainty about where and how they can operate, while giving counties a structured approach to managing one of Kenya’s largest informal economic activities.
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