The Transport Workers Union of Kenya (TAWU Kenya) has announced its intention to file a petition against ride-hailing companies, Uber and Bolt, over what the union describes as unfair, exploitative, and unlawful digital labour practices that violate drivers’ constitutional rights.
This was disclosed by the General Secretary of the union, Nicholas Ogolla, in a statement to Technext.
The petition, tagged a Constitutional Petition, will not only indict the two ride-hailing companies, Uber and Bolt, other key State regulators. These regulators include the Office of the Data Protection Commissioner (ODPC) and the Cabinet Secretary of Kenya’s Ministry of Labour and Social Protection.
Others are the National Transport and Safety Authority (NTSA) and the Competition Authority of Kenya (CAK).
See also: 5 major differences between e-hailing in Nigeria and South Africa
Uber and Bolt are accused of unfair algorithmic practices, digital dismissal
According to the union, the petition, which will be lodged at the Employment and Labour Relations Court, challenges Uber and Bolt’s continued imposition of exploitative commission deductions.
It also calls out their unfair algorithmic practices, arbitrary account deactivations, and misuse of driver data without transparency or due process. “Drivers are not slaves of the algorithm. They deserve dignity, fair compensation, and protection under Kenya’s labour laws,” the General Secretary of the union, Nicholas Ogolla, said.
According to him, Uber and Bolt continue to violate drivers’ rights by deducting commissions above the legally mandated 18 per cent cap under the Digital Hailing Regulations of 2022.
He also accused the companies of unilaterally controlling pricing and reducing driver earnings, deactivating driver accounts without due process. This, he described as digital dismissal, and processing driver data without transparency, contrary to 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,” the secretary said.
The Kenyan transport workers’ union also noted that it was working together with platform driver associations and civil society organisations to consolidate evidence, develop affidavits, and file a petition that seeks enforcement of driver rights under Articles 41 (fair labour practices), 46 (consumer rights), and 47 (fair administrative action) of the Constitution of Kenya.
The union has given Uber, Bolt and all other aforelisted regulators a 14-day window to address the issues raised, else they will be forced to finally file the petition in court.
