Kenya’s ride-hailing sector is facing its most significant legal and labour challenge yet, as the Transport Workers Union Kenya (TAWU-Kenya) formally places Uber and Bolt on notice over alleged exploitation of drivers.
The union has also notified the Cabinet Secretary for Labour, Uber B.V., Uber Kenya Limited, Bolt Operations OÜ, Bolt Kenya Limited, and key regulators, including the National Transport and Safety Authority (NTSA), the Competition Authority of Kenya (CAK), and the Office of the Data Protection Commissioner (ODPC).
TAWU-Kenya says it will file a constitutional petition at the Employment and Labour Relations Court to challenge what it calls “systemic digital labour abuses” by the two platforms.
“Drivers are not slaves of the algorithm. They deserve dignity, fair compensation, and protection under Kenya’s labour laws,” said Nicholas Ogolla, General Secretary, TAWU‑Kenya.
Core Issues in the Petition
The union’s case will focus on four major grievances:
- Excessive Commission Deductions
Despite the Digital Hailing Regulations, 2022, which capped platform commissions at 18%, Uber and Bolt allegedly continue to deduct higher percentages from drivers’ earnings. - Unilateral Fare Control
The platforms reportedly set and adjust trip prices without consulting drivers, reducing their earnings and autonomy. - Account Deactivations Without Due Process
Drivers claim they are routinely locked out of their accounts without explanation or recourse, a practice TAWU-Kenya calls “digital dismissal.” - Opaque Data Handling
The union accuses both companies of processing driver data without transparency or consent, in violation of the Data Protection Act 2019.
“The union has given the respondents fourteen (14) days to address the issues raised in the Notice, failure to which TWU-Kenya will proceed to file the petition in court,” read part of the statement issued Wednesday 5, November 2025.
TAWU-Kenya says it is working with driver associations and civil society organisations to compile evidence and prepare affidavits. The petition will cite constitutional protections under Article 41 (fair labour practices), Article 46 (consumer rights), and Article 47 (fair administrative action).
Global Precedents: Kenya Joins a Worldwide Movement
TAWU-Kenya’s legal strategy mirrors successful cases abroad:
- UK Supreme Court (2021): Ruled Uber drivers are “workers” entitled to benefits.
- France (2020): court recognised Uber driver as an employee due to platform control.
- South Africa (2022): CCMA ruled in favor of drivers seeking employee status.
- California, USA: Ongoing legal battles over Proposition 22 and driver classification.
- Australia: New laws introduced to protect gig workers after public pressure.
These cases have forced platforms to rethink their models, offer benefits, and comply with labor laws.
Kenya’s Regulatory Shift
Under President William Ruto’s administration, Kenya has tightened oversight of digital platforms:
- Commission cap at 18%
- Mandatory driver taxation via KRA
- Push for labour protections aligned with bottom-up economic policy
The outcome of TAWU-Kenya’s petition could set a precedent for gig worker rights across Africa.
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