The Transport Workers Union Kenya (TAWU-Kenya) has today announced its intention to file a Constitutional Petition against ride-hailing giants Uber and Bolt, alongside key government regulators. The union asserts that the companies’ digital labour practices are unfair, exploitative, and unlawful, directly violating the constitutional rights of Kenyan drivers.
The petition, slated for the Employment and Labour Relations Court, challenges Uber and Bolt on several critical issues, including:
- Exploitative commission deductions.
- Unfair algorithmic control over work and earnings.
- Arbitrary account deactivations (digital dismissal).
- Misuse of driver data without transparency or due process.
TAWU-Kenya has formally served notice to the parties it is suing in the suit which include:
- Cabinet Secretary, Ministry of Labour and Social Protection
- Uber B.V. and Uber Kenya Limited
- Bolt Operations OÜ and Bolt Kenya Limited
- National Transport and Safety Authority (NTSA)
- Competition Authority of Kenya (CAK)
- Office of the Data Protection Commissioner (ODPC)
“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.
The union contends that Uber and Bolt are systematically violating driver rights by:
- Exceeding the Legal Commission Cap: Deducting commissions above the legally mandated 18% limit set by the Digital Hailing Regulations, 2022.
- Unilateral Pricing Control: Reducing driver earnings by unilaterally controlling fare pricing.
- Digital Dismissal: Deactivating driver accounts without due process, which the union equates to arbitrary dismissal.
- Data Protection Breach: Processing and using driver data without transparency, in violation of the Data Protection Act, 2019.
“Drivers are called ‘independent contractors,’ yet Uber and Bolt control every element of work—pricing, penalties, and deactivation. That is not independence; that is exploitation,” Mr. Ogolla added.
TAWU-Kenya is collaborating with platform driver associations and civil society organizations to gather evidence and finalize the petition. The legal action seeks the enforcement of driver rights under Articles 41 (fair labour practices), 46 (consumer rights), and 47 (fair administrative action) of the Constitution of Kenya.
The respondents have been given fourteen (14) days to address the concerns outlined in the Notice. Failure to adequately resolve these issues will result in TAWU-Kenya proceeding with the immediate filing of the Constitutional Petition in court.