The Street Vendors (Protection of Livelihood) Bill (Senate Bill No. 41 of 2023)

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(Bill No.41of2023)

THE STREET VENDORS (PROTECTION OF LIVELIHOOD) BILL, 2023

(A Bill published in the Kenya Gazette Supplement No. 161 of 1st September, 2023 and passed by the Senate, with amendments, on Thursday, 7th August, 2025)

ARRANGEMENTOFCLAUSES

PARTI-PRELIMINARY

• 1 - Short title.

• 2 - Interpretation.

• 3 - Objects.

PARTII-REGULATIONOFSTREETVENDORS

• 4 - Street Vending Unit.

PARTIII-VENDINGZONES

• 5- Designation of vending zones.

• 6-Restriction-free vending zone.

• 7- Restricted vending zone.

• 8 - No vending zone.

• 9-Offence ofunauthorised.

• 10 - Vending Zones Plan.

• 11 -Vending Centres

• 12 -Periodic Markets

• 13-Relocation or eviction of streetvendors

• 14 - Obligations of county executive committee member

PARTIV-REGISTRATIONANDLICENSINGOFSTREETVENDORS

• 15 - Register of street vendors.

• 16 - Registration of street vendors.

• 17-Licensing of streetvendors.

• 18 -Refusal togrant a licence.

• 19-Terms andconditionsoflicence

• 20 - Renewal ofa licence.

• 21 - Revocation of a licence.

• 22 - Handling of food.

PARTV-RIGHTSANDOBLIGATIONSOFSTREETVENDORS

• 23 - Right to carry on business of street vending.

• 24 - Right to adequate facilities.

• 25-Right to quiet possession of goods.

• 26-Protectionfromharassment.

• 27 - Right to association.

• 28 - Public hygiene.

• 29 - Access to public utilities.

PARTVI-MISCELLANEOUSPROVISIONS

• 30- County legislation.

• 31 - General penalty

• 32 - Regulations.

SCHEDULE: VENDINGPLAN

CRITERIAFORTHEFORMULATIONOFTHECOUNTY

THESTREETVENDORS(PROTECTION OFLIVELIHOOD)BILL,2023

ABillfor

ANACTof Parliament to provide alegal framework for the recognition,protection and regulation of street vending in Kenya, the identification of minimum standards for street vending;and for connected purposes.

ENACTEDby theParliament ofKenya,as follows-

PARTI-PRELIMINARY

Short title.

• 1.This Act may be cited as the Street Vendors (Protection of Livelihood)Bill,2023.

Interpretation.

• 2.In thisAct—

"Cabinet Secretary" means the Cabinet Secretary for the time beingresponsibleformattersrelated to trade;

"committee” means a committee of the County Assembly mandated to consider matters related to trade within the County;

"countyexecutivecommitteemember”means thecounty executivecommitteememberresponsibleformattersrelatingtotrade intherespectivecounty;

“essential facilities” includes clean water, lighting, security, waste disposal,shades,warehousing and storage,awnings,paved roads and vehicle parking spaceswhere necessary;

"market” means an area designated by the county government under the respective county legislation for the sale and purchase of goods and services;

"Ministry" means the Ministry responsible for matters related to trade;

Objects.

"mobile vendor" means a street vendor who carries out vending activities in a vending area by moving from one place to another place vending theirgoods,services or a combination thereof;

"register of street vendors" means the register established under section 15;

"stationary vendor" means a street vendor who carries out street vending activities on a regular basis at a specific location;

"vendor" means a person engaged in vending of articles, goods, wares,fooditems or merchandise ofeveryday use or offering services to the general public in a street, lame, sidewalk, footpath, pavement, public park or any other public place or private area,from a temporary built-up structure, and includes a hawker, peddler and all synonymous terms oftheword; and

"vending zone" means an area, place or location designated as such by the relevant county government on the recommendation of the committeefor the specificusebystreetvendorsfor street vending and includes a footpath, sidewalk, pavement, embankment, portions ofa street,or any such place considered suitablefor vending activities andproviding servicesto thegeneral public.

3. The objects of this Act are to provide a standard framework- 2. (a) to entrench the right to informal trading; 3. (b) for the designation and use of public space for informal trading; and 4. for the effective organization and regulation of informal trading.

PARTII-REGULATIONOFSTREETVENDORS

StreetVending Unit.

4. (1) The Cabinet Secretary shall —

• (a) prescribe, in consultation with county governments andrelevantstakeholders,nationalguidelinesforthe

• conductof streetvending andregulationof street vendors in Kenya;
• (b)prescribe,in consultation with the relevant entities responsiblefor planning andinfrastructure,standards and guidelines for the proper planning and design of street vending zones and taking into consideration universal design principles; and
• (c)carryout anyother activityincidental or conducive to the carrying out of its functions under the Act or regulations made under the Act.
• (2) The Cabinet Secretary may,for the effective carrying out of thefunctions under subsection(1)—
• (a) designate a unit within the Ministry to perform such functions as the Cabinet Secretary may delegate to the unit; and
• (b)designate ordeploy such public officers toserve in the unit.

PARTIII-VENDINGZONES

Designation of 5.(1)Each county executive committee member shall,by vendingzones. noticeintheGazette,demarcateanddesignatethecountyinto-

• (a) restriction-free vending zones;

• (b) restricted vending zones; or

• (c) no-vending zones.

• (2)For purposes of subsection (1),the county executive committee member shall takeintoconsideration the commercial viability of an area proposed to be designated as a street vending zone.

Restriction-free vendingzone.

• 6.(l) The respective county executive committee member shall not impose restrictions on the nature of vendingbusiness that maybe carried out in a restriction-free vending zone.

• (2) Notwithstanding subsection (1), a licensed vendor shall not carry out the business of a vendor where such business —

• (a)consists of acts that are unlawful;

• (b) is contrary to public interest;

• (c) is contrary to national security; and

• (d) inhibits the implementation of national or county policies with respect to the regulation of vendingbusiness.

Restricted vendingzone.

7. (1) The respective county executive committee member may impose,through county legislation,such conditions as may be necessary, restricting the vending business that may be conducted in a restricted vending zone.

• (2)The county executive committee member shall publish and publicise the conditions imposed under subsection(1) in the Gazette and throughsuchplatforms asthecommitteemembermayconsider appropriate.

• (3)A person shall not carry out the business of a vendor in a restricted vending zone unless such person applied for, and obtained a special permit in accordance with this Act and the respective county legislation.

No vending zone.

8. (1) A no-vending zones shall be a zone in which vending activities are prohibited.

• (2)The county executive committee member shall —

• (a) not designate a market as a no-vending zone; and

• (b)in designating a no-vending zone consider existing businesses in the zone.

Offenceof unauthorised vending.

• 9.A person who conducts vending activities in a restricted vendingzonewithoutaspecialpermitorinano-vendingzone commits an offence and is be liable, on conviction, to a term of thousand shillings, or to such fine and imprisonment.

Vending zones plan.

• 10.(1) The county executive committee member shall be responsiblefor the effective management of vending activities within therespective county.

• (2) For purposes of subsection (1), the county executive committeemembershall-

• (a) conduct a survey of all existing street vendors and potential vending zones within the area under its jurisdiction; and

• (b) maintain a register of vending zones within the county.

• (3)The county executive committee member shall conduct the survey under subsection (2)(a), within twelve months of the commencement of thisAct,and subsequent surveys shall be carried out atleastonceineverythreeyears.

• (4)The county executive committee member shall, within nine months of the conduct of the survey under subsection (2)(a) submit the results analysis and recommendations and the proposed vendingzoneplantothecountyassemblyfor approval.

• (5)In considering the vending zone plan under subsection (4), the county assembly shall conduct public participation.

• (6)Uponapprovalof theplanthecountyexecutive committee member shall publish the details of the countyvending Zone plan in the county Gazette and at least one newspaper of wide circulation within the county.

Vending centres.

11. (1) Each county government shall progressively provide for theconstruction and maintenance ofvendingcentres toenable the efficient carrying out of street vending activities in a fair, transparent and safe manner.

• (2) In constructing and maintaining a vending centre, the

• (a) the recommended location in the county vending plan;

• (b)the number of street vendors within the respective locality;

• (c)the needtoensure that theexistingbusinessesare not adversely affected by the construction andmaintenance; and

• (d)the existing county physical plans with respect to that county.

Periodicmarkets.

12. (1) A county executive committee member may designate a specific street, building or zone as a vending zone for a specified period not exceedingfive days.

• (2)A county executive committee member shall not designate an area as avending zoneundersubsection(1)unless thecommittee member has put in place essential facilities including but not limited to solid waste disposal, water, lighting and parking facilities where necessary.

Relocation or evictionofstreet vendors.

• 13.(1) A county executive committee member may declare a zoneorpartof a zonetobe a no-vendingzonefor anypublic

• (2)Acounty executive committee member may,in accordance with county legislation —

• (a)evictastreetvendorwhosevendinglicencehasbeen revoked or who carries out vending activities contrary to thisAct or therespective countylegislation; or

• (b)relocatestreetvendors.

• (3)A countyexecutivecommitteemember shall notevict or relocate alicensed streetvendor unless a noticehasbeen issued and thevendor isheardon the proposedevictionor relocationin accordance with the respective county legislation.

• (4)A street vendor shall be relocated or evicted by the county executive committeemember insuchmanner as maybeprescribed by county legislation.

• (5)Relocation underthis section shall not take place unless the county government has installed or provided essential facilities in the areatowhichthevendoristoberelocated.

Obligations of countyexecutive committee member.

• (6)A street vendor who,after the expiry ofthe specified notice period,fails torelocate or vacate the place specified in thevending licence,shall be liable to pay for every day of default, a fine not exceeding ten thousand shillings, as maybe determined by the county government, but shall not be more than the value of the goods seized from thestreetvendorprovided thatsuchconfiscationis conductedin accordancewiththisAct.

14. The county executive committee member shall within twelvemonthsofthecommencementofthisAct—

• (a)formulate such county legislation as may be necessary for the implementation of thisAct and the effective regulation of street vendors in the county;
• (b) monitor theimplementationof thisAct andany relevant countylegislation on county vending;
• (c) periodically survey and assess the street vending activities in the county for policy-making purposes;
• (d) formulate and implement the county vending plan; and
• (e) designate vending zones and periodic markets within the county, subject to the provisions of this Act,the regulationshereunder andanyapplicablecounty legislation.

PARTIV-REGISTRATIONANDLICENSINGOFSTREET VENDORS

Register of street vendors.

• 15.(1)Thecounty executive committeemembershall be responsiblefor theregistrationofvendors within the respective county.

• (2) For purposes of subsection (l) the county executive committeemembershall-

• (a) provide for physical and online submission of applications for registration by streetvendors;

• licencedstreetvendorsin the countyincludingstreet

vendors with disabilities;

• (c)make available to the public the database of registered street vendors in an accessible manner including online platforms;and

• (d) enable street vendors toreceive notificationson registration and matters of compliance under this Act through their mobilephones.

• (3)The Cabinet Secretary may make regulations to prescribe conditions for the registration of vendorsfrom the EastAfrican Community and registration of foreigners.

• (4)The Cabinet Secretary shall in formulating regulations under subclause (4) adhere to treaties and conventions ratified by Kenya pursuant to Article 2(6) of the Constitution.

Registration of streetvendors.

• 16.(1) A person shall not conduct the business of a street vendor unless such person is registered as a street vendor.

• (2) A certificate of registration signed by the county executive committeemember shall beconclusiveevidenceofregistration as a streetvendor.

Licencing of streetvendors.

• 17.(1) A person shall not conduct the business of a street vendor unless such person has applied for, and obtained a street county executive committee member—

• (a) an application for a licence in the prescribed form;

• (b) such information as may be prescribed; and

• (c) the prescribed fees.

• (2)A county executive committeemember shall consider an application within such period as may be prescribed in the respective specified in the respective county licensing legislation.

• (3)Acountyexecutivecommitteemembershallinform the applicant of its decision under subsection (2) within fourteen days of the decision.

• (4)A vending licence under this Act shall classify a street vendor as —

• (a) a stationary vendor;

• (b) a mobile vendor; or

• (c) any other category as may be specified by the county executivecommitteemember.

• (5)A vending licence issued under this section shall include the following particulars ——-

• (a) name of applicant;

• (b) type of licence;

• (c) vending location;

• (d) contact details of the applicant;

• (e) type of goods or services to be sold;

• (f) time and date of vending activities, where applicable;

• (g) disability registration details for a street vendor with disability;

• (h) type and registration number of vehicle, where applicable; and

• (i) any other details as prescribed by the county government.

Refusal to grant a licence.

• 18.(1) The county executive member may refuse to grant a licencewhere the applicantdoesnotcomplywith therequirements imposedunder thisActor prescribed under the specific county legislation.

• (2)Where the county executivecommitteemember refuses to grant an application, the county executive committee member shall inform the applicant of its decision under subsection(1)within fourteen days of the decision.

• (3)The county executive committee member in its notification

Terms and conditions of licence.

Renewalofa licence.

Revocation of a licence.

under subsection (2) shall specify the reasons for the refusal.

• 19.(1) A stationary street vendor shall not sub-let, transfer, assign or otherwise alienate any vending space, stall or property allocated to them for the purpose of carrying out vending activities underthisAct.
• (2)A county government may levy an annual vendinglicence fee in processing the licence.
• (3)A vending licenceissued under this Act shall bevalidfrom the date it is issued and shall expire on such a date as maybe specified in the licence.
• (4)A licenced street vendor shall not transfer or assign any rightsaccruing tothemin avalid licenceissued under thisAct unless the vendor has applied for, and obtained the approval of the county executivecommitteemember.
• (5)A street vendor may,when applyingfor a vending licence under this Act, designate such number of persons as the county legislation mayspecify to enjoy rights enjoyed by the licensed street vendorundertheissuedlicence.

20. (1) Upon expiry, a vending licence may be renewed for such further period not exceeding one year.

• (2)A registeredstreetvendorissuedwith avendinglicence may applyfor renewal of the licencein theprescribed manner at least thirty daysbefore thedate ofexpiryofthelicence.
• (3) The county government may extend the period within which an application for the renewal of a licence may be made, whetheror not theperiod hasended or thelicencehas expired.

21. (1) The county government shall have the power to renew anyvendinglicence andmaydecline torenew,revoke orsuspend a licencefor a period not exceeding twelve months ifit is satisfied that the street vendor is inbreach of any provisions ofthis Act or any other written law.

• (2)Before declining to renew,revoke or suspend a licence under subsection (1), the county government shall notify the holder of thelicence to show cause,withinfourteen days,whysuchlicence shouldnotberevoked,suspendedordeniedrenewal.

Handling of food. ActNo.12of 2011 and CAP 254.

• (3)The county government shall consider the application under subsection(2)within seven days and inform theholder of the licenceofthe countygovernment'sdecisioninwritingand shallgive reasons for the revocation or suspension.
• (4)A streetvendor aggrieved by the decision of the county government in subclause (3) may apply to the county government for areviewofthe decision.
• (5)A streetvendor aggrieved by the decision of the county government in the exercise of its powers under subsection (1) may days ofreceiptofthedecision.
• (6)A vendor who is further aggrieved by the decision of thecountytribunalunderthissectionmayseekjudicialreview ofthecommittee'sdecision.
• 22.(1) All food sold by a street vendor shall be handled in accordancewith theprovisions ofthePublicHealthAct and theFood Drugs and Chemical SubstancesAct and any other applicablelaw on thehandlingoffood.
• (2)The county executive committee member responsible for public health may from time to time,prescribe regulations relating to theproperhandlingoffood byhawkers and streetvendors.

PARTV-RIGHTSANDOBLIGATIONSOFSTREETVENDORS

Right to carry on business of street vending.

23. (1) Every registered and licenced street vendor has the right to carry on the business of street vending in accordance with the terms and conditions specified in theirvendinglicence.

• (2)Despite the provisions of subsection (1), a street vendor shall not carry on any vending activities in an area designated as a no- vending zone.

Right to adequate facilities.

• 24.(1) Every street vendor has the right within a vending zone and adjacent areas as may be determined by the county executive member,to accessessentialfacilitiesofreasonable qualityincluding facilities.

• (2) Each county government shall provide essential facilities

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for the carrying out of vending activities taking into consideration -

• (a) the vending activity being conducted in a specific vending zone;

• (b) applicable health and safety standards;

• (c) the public interest; and

• (d)any applicablecountylegislation.

Righttoquiet possession of goods.

25. (1) Every registered and licensed street vendor has the right to quiet possession of their goods, subject to the provisions of this Act and the terms and conditions of their vending licence.

• (2)Where a street vendor's goods or assets utilised for their street vending activities are confiscated under this Act, the officer confiscating the goods shall issue the street vendor with a receipt detailing ——

• (a) the specific goods confiscated;

• (b) the approximate value of the goods;

• (c) the reasons for confiscation

• (d) the location from which the goods may be recovered;

• (e) the time within which the confiscated goods must be recovered; and

• (f) such other information as may be prescribed by county legislation.

• (3)Notwithstanding the provisions of subsection (1), an authorizedofficermayconfiscategoodswhere—

• (a) one carries out street vending without a licence;

• (b) breaches a condition of a licence issued under this Act or county legislation;

• (c) carries out vending activities in a no-vending zone; or

15

• (d)carriesoutvendingactivitiesinamanner contraryto anyconditionsimposedfor vendingin a restricted vendingzone.

• (4)A county shall prescribe regulations under thissection on the handling of confiscated perishable goods.

• (5)Apersonwho contravenes theprovisionsof this section commits an offence and is liable,on conviction,toaterm of imprisonmentnotexceedingoneyear and afinenot exceedingtwo hundred thousand shillings, or to such fine and imprisonment.

Protectionfrom harassment.

• 26.(l) An officer of the national or respective county government shall not conduct themselves in a manner or take action directed at a street vendor in the course of conducting their vending activities, causing alarm, substantial emotional distress, results in physical injury and damages goods or propertywithout a legitimate purpose under this Act.

• (2) A person who contravenes the provisions of subsection (1) commits an offence and isliable on conviction,to a term of imprisonmentnotexceedingoneyear andafinenotexceedingtwo hundred thousand shillings, or to such fine and imprisonment.

Right association.

to

27. (1) Every street vendor has the right to be a member of an of association streetvendorsin therespective countyinwhich the streetvendor is licensed to conduct the business of street vending business.

• (2)It shall not be mandatoryfor a streetvendor tobe a member of anyvendors association underthisAct.

Publichygiene.

28. (1) Every street vendor shall maintain the cleanliness and public hygiene of vending zones and adjoining areas.

• (2)An individual stationary street vendor shall continue to maintain their allocated space in a clean and hygienic condition as a condition of their vending licence.

• (3)All mobile street vendors shall be required to dispose of their waste responsibly.

• (4)Each street vendors’association shall, in collaboration withthecountyauthoritiesberesponsibleforthemaintenanceofthe general cleanliness and public hygiene of their respective vending

zones.

• (5)A person who contravenes the provisions of this section, shall be liable, upon conviction, to such fine as shall be prescribed by the county government.

Access to public utilities.

• 29.(1) A street vendor shall conduct vending activities in a manner that does not unreasonably impede the public's right of way.

• (2) Notwithstanding the generality of subsection (1), a street vendor shall not conduct street vending activities in a manner that is likely to impede access to fire hydrants, building entrances, bus stops, roads or other public amenities is prohibited.

PARTVI-MISCELLANEOUSPROVISIONS

County legislation.

30. (1) A county government may enact county specific legislation generally for the better carrying out of the purposes and provisions of this Act.

• (2) The legislation enacted by a county assembly under subsection (1) shall set out ——

• (a) the terms and conditions for the issuance of vending licences;

• (b) the conditions for the maintenance of the register of streetvendorsin the county;

• () process of determination of an application for a street vending licence;

• (d)the conditions for the issuance or renewal of a licence under this Act;

• (e)process of application for the renewal of licences, de- registration and revocation of a licence issued to an applicant under thisAct;and

• (f)suchother mattersthat maybenecessaryfor the effectivemanagement ofstreetvending activitiesin the county.

• (3)Legislation enacted pursuant to the provisions of subsection (1) shall conform to the provisions of this Act.

Generalpenalty.

Regulations.

31.A personwho contravenes theprovisions of this Act for which no specific penalty is provided shall be liable,on conviction, to a fine not exceeding fifty thousand shillings or to a term of imprisonment not exceeding one year or to such fine and imprisonment.

32.The CabinetSecretarymaymake regulationsforthebetter carrying out of the provisions of thisAct.

SCHEDULE

(s.14(d)

CRITERIAFORTHEFORMULATIONOFTHECOUNTYVENDINGPLAN

• 1.The vending zones plan shall —

• (a)ensure that any public right of way is not impeded;

• (b)ensure that theprovisions of space or areafor streetvending is reasonable and consistent with existing natural markets;

• (t) take into account the civic facilities for the appropriate use ofidentified spaces or areas as vending zones;

• (d) be prepared pursuant to National and county planning laws;

• (e) promote convenient, efficient and cost-effective distribution of goods and provision of services;

• ()ensureabalancebetweentheinterestsofformalretailersandotherstakeholders in theprivate sector topromote coexistence of hawkers and street vendors; and

• (g)such other matters asmaybe specified incounty legislation togiveeffect to the street vending plan.

• 2.The vending plan shall contain——

• (a) determination of spatial planning norms for street vending;

• (b)designation of space or areas asvending zones

• (c) classification of vending zones as non-vending, restricted and restriction-free vending zones

• (d)making of spatial plans adequately conducivefor the number of hawkers and street vendors in the county and accounting for future population growth or other norms as may be necessary;

• (e) consequential changes needed in the physical planning of the urban area or city toaccommodatehawkers andstreetvendorsin the designatedvendingzones.

3. Declaration of a no-vending zone shall be designated in the vending plan, subject to the following principles —

• (a)anyexistingmarketor a naturalmarket as identifiedin the surveyshall not be declared as ano-vendingzone;
• (b)declaration of a no-vending zone shall be done in a manner which displaces the minimum percentageof hawkers and streetvendors;
• (c) overcrowding of any place shall not be a basis for declaring any area as a novending zone provided that restrictions may be placed on the issuance of vending licences in such areas;
• (d)sanitary concerns shall not be thebasisfor declaring any area as a no-vending zoneunlesssuchconcernscansolelybe attributed tostreetvendors and cannot be resolved through appropriate action by the county government;
• (e)until such time astheresults of thesurveyhavebeen derived,and the county vending plan formulated, no zone shall be declared as a no-vending zone.

I certify that this printed impression is a true copy of the Bill as passed by the Senate on Thursday,7th August, 2025.

MaR

ClerkoftheSenate

Endorsed forpresentation to theNational Assemblyin accordance with the provisions of standing order161 oftheSenateStanding Orders.

SpeakeroftheSenate