The Transport Workers Union of Kenya (TAWU Kenya) has announced plans to file a petition against ride-hailing giants Uber and Bolt, accusing them of engaging in unfair, exploitative, and unlawful digital labor practices that violate drivers’ constitutional rights. This was confirmed by Nicholas Ogolla, General Secretary of TAWU Kenya, in a statement on November 7.
The petition intends to challenge the algorithmic management systems of the companies, commission deductions exceeding legal limits, arbitrary account deactivations, and the opaque use of driver data without proper transparency or consent. It will be filed at the Employment and Labour Relations Court and will name not only Uber and Bolt but also key state regulators such as the Office of the Data Protection Commissioner (ODPC), Ministry of Labour and Social Protection, National Transport and Safety Authority (NTSA), and the Competition Authority of Kenya (CAK).
Ogolla criticized Uber and Bolt for deducting commissions above the legally mandated 18% cap set by the Digital Hailing Regulations of 2022. He described the drivers’ treatment as a form of digital dismissal, pointing out how drivers, labeled as independent contractors, have little control over pricing, penalties, and accounts, practices he argues amount to exploitation rather than independence.
Drivers are not slaves of the algorithm. They deserve dignity, fair compensation, and protection under Kenya’s labour laws – Ogolla.
TAWU Kenya is collaborating with platform driver associations and civil society groups to gather evidence and prepare affidavits supporting the petition. The legal action invokes constitutional protections including Articles 41 (fair labour practices), 46 (consumer rights), and 47 (fair administrative action) of Kenya’s Constitution.
The union has given Uber, Bolt, and the relevant authorities a 14-day deadline to address the grievances raised, warning that failure to do so will result in immediate court proceedings.
