Legal & Regulatory News

New Law Proposes Zoning, Licensing and Penalties for Street Vendors

Hawkers Nairobi

Senate Bill No. 41 of 2023, also known as the Street Vendors Protection of Livelihoods Bill 2023, has been formally introduced in the National Assembly. The proposed law seeks to streamline street vending activities across Kenya by creating clear licensing, zoning, and regulatory frameworks that balance the livelihoods of vendors with urban order and safety.

Key Provisions of the Bill

The Bill places county governments at the center of regulating street vending through their County Executive Committee Members (CECMs) in charge of trade. Among its notable provisions include:

  • Registration and Licensing: CECMs for trade will oversee the registration and licensing of all street vendors within their jurisdictions. They will also be required to conduct a survey at least once every three years to keep track of vendors operating in the counties.
  • Vendor Register and Zoning: Counties will be mandated to maintain a register of designated vending zones. These zones will be classified into three categories:
    1. Restriction-free vending zones
    2. Restricted vending zones
    3. No vending zones
    The zones will be demarcated and gazetted by county authorities. Vending zones will cover spaces such as footpaths, sidewalks, pavements, embankments, and certain street portions.
  • Foreign Vendors: The Cabinet Secretary in charge of Trade will issue regulations on how vendors from the East African Community and other foreign nationals may register and operate in Kenya.
  • Application Timelines: County executives must respond to applications for vendor registration and licensing within 14 days of receiving them.
  • Penalties: Conducting vending activities in prohibited (No Vending) zones will attract penalties of up to six months imprisonment or a fine not exceeding KES 10,000.

Vendor Categories

The Bill further proposes three main categories of vendors:

  1. Stationary vendors – who operate from fixed spaces or stalls.
  2. Mobile vendors – who move around to sell goods.
  3. Other categories – as may be determined by county trade authorities.

Stationary vendors will not be allowed to sub-let, transfer, or assign their vending spaces or stalls to third parties.

Additionally, vending licenses will be renewable for a maximum of one year at a time, giving counties room to monitor compliance and adjust operations where necessary.

Balancing Livelihoods and Order

The Street Vendors Protection of Livelihoods Bill is aimed at balancing the needs of millions of Kenyans who depend on hawking and vending for daily income, while ensuring counties can maintain order, safety, and proper use of public spaces.

If passed, the law could reshape urban trade in Kenya’s major towns and cities, where informal vendors play a critical role in supplying affordable goods but often clash with authorities over space, regulation, and enforcement.