Street vendors and hawkers, long at odds with county officials over harassment and evictions, may soon operate under clear legal protection if Parliament passes a new law regulating their trade.
On Tuesday, lawmakers were presented with the Street Vendors (Protection of Livelihood) Bill, 2023, which seeks to recognise hawking as a legitimate economic activity while setting minimum operational standards across the country.
The draft legislation, sponsored by Nominated Senator Esther Okenyuri, proposes the creation of vending zones, a licensing regime, and legal safeguards for traders who have for years complained of constant crackdowns.
“The Bill seeks to provide a legal framework for the recognition, protection and regulation of street vending in Kenya, [including] the identification of minimum standards,” the National Assembly noted in a statement.
If enacted, the law would compel counties to map and approve vending zones, register licensed traders, and provide basic infrastructure such as waste disposal, security, lighting, and parking before setting up vending centres.
For vendors, the Bill signals an end to what they describe as years of harassment and uncertainty.
“To say the truth, most of us haven’t read the Bill, but we’ve heard that it’s championing our welfare. It will be a victory if it protects us from constant harassment by authorities,” said Michael Ondari, a second-hand shoe seller on Nairobi’s Luthuli Street.
Hawkers say legal recognition could create a more harmonious relationship with county governments, which have often sought to push them out of central business districts (CBDs) amid complaints of congestion.
Counties will be required to categorise vending areas into restriction-free zones, restricted zones, and no-vending zones.
Vendors operating in prohibited areas without a special permit risk six months in jail, a fine of up to KSh10,000, or both.
Authorities will also have powers to suspend or revoke licenses for up to 12 months if a vendor violates the law or obstructs county policies.
Non-compliant hawkers who refuse to relocate after a notice period face daily fines of KSh10,000.
The Bill also introduces safeguards for traders, including rights to adequate facilities and compensation for property damaged during enforcement actions.
With counties under pressure to balance order in urban spaces with protecting livelihoods, the legislation aims to strike a middle ground.
For hawkers like Ondari, that balance could determine whether they continue trading in dignity or remain at the mercy of frequent crackdowns.
