1. Background

Kenya’s online ride-hailing industry supports thousands of hardworking drivers who provide essential transportation services across the country. These drivers are a lifeline to millions of Kenyans who rely on safe, convenient, and affordable mobility.

However, drivers continue to face unprecedented levels of exploitation, insecurity, and harassment—pushing them into protests to demand fairness, dignity, and lawful treatment.

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2. Key Issues Affecting Drivers

A. Exploitation Through Unreasonably Low Fares

1. Online platforms are charging riders extremely low fares, far below the operational cost of fuel, maintenance, vehicle loans, insurance, and daily living.

2. These low fares leave drivers unable to meet basic needs, support their families, or repay their vehicle loans.

3. Reducing fares without consulting drivers violates the spirit of the NTSA regulations, which require minimum pricing.

 

B. Excessive, Illegal, and Hidden Commission Increases

1. Platforms are charging very high commission percentages, far above the limit allowed by Kenyan laws and agreements with NTSA.

2. Some companies increase commissions silently, without notifying drivers, reducing earnings even further.

3. Drivers end up working long hours yet earning less than minimum wage.

 

C. Unfair Account Blocking Without Due Process

1. Many drivers experience sudden account deactivations without any hearing, explanation, or evidence.

2. This violates their right to fair administrative action under Article 47 of the Constitution.

3. Drivers lose income instantly, with no opportunity to defend themselves or appeal.

 

D. Lack of Security and Protection

1. Online platforms provide no adequate security measures, yet drivers face daily risks.

2. Multiple cases of drivers being robbed, attacked, abducted, or losing cars and personal belongings have been reported.

3. Panic buttons, driver safety alerts, and rapid emergency response systems are either missing or ineffective.

4. Drivers are left exposed, and some have suffered severe losses or physical harm while serving the public.

 

E. Harassment by Nairobi County Askaris

1. Drivers are harassed, intimidated, and extorted even while legally picking or dropping passengers.

2. Vehicles are impounded unfairly, with fines imposed without due process.

3. Physical and verbal abuse by some county officers has become common.

4. Lack of designated pick-up/drop-off zones creates unnecessary conflict and arrests.

 

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3. Legal and Constitutional Foundations

This petition is anchored on:

Article 41: Right to fair labour practices

Article 29: Protection from harassment, violence, and intimidation

Article 46: Protection of service providers

Article 47: Right to fair administrative action

NTSA Ride-Hailing Regulations (2022):

Mandate minimum fare pricing

Require fair commissions

Protect drivers from exploitation

 

The current practices by online platforms and county officers violate these rights.

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4. Demands and Recommendations

We call upon the Government of Kenya, NTSA, and Nairobi County leadership to immediately implement the following:

A. Regulation of Fare Prices

1. Enforce lawful minimum pricing to ensure drivers can earn a sustainable income.

2. Prevent platforms from setting or lowering fares without consultation.

 

B. Enforcement of Commission Caps

1. Reinstate and enforce the maximum 15% commission cap.

2. Investigate platforms that have illegally raised commissions without transparency.

3. Require platforms to publish clear commission structures and updates.

 

C. Fair Administrative Action

1. Stop unfair account blocking without evidence or explanation.

2. Establish a transparent appeals system where drivers can defend themselves.

3. Require platforms to give written reasons before any suspension or deactivation.

 

D. Strengthened Driver Security

1. Mandate ride-hailing companies to install effective safety and emergency systems.

2. Require passenger verification to reduce criminal incidents.

3. Collaborate with law enforcement to create a rapid response mechanism for driver emergencies.

 

E. End Harassment by Nairobi County Askaris

1. Issue an immediate directive stopping illegal arrests, intimidation, and extortion.

2. Establish clear, protected pick-up and drop-off zones.

3. Discipline county officers engaging in abuse or bribery.

4. Set up a hotline for drivers to report harassment.

 

F. Driver Inclusion and Representation

1. Establish a National Online Drivers Council to represent drivers in all policy decisions.

2. Allow collective bargaining rights between drivers and platforms.

3. Provide financial training, mental health support, and safety programs.

 

5. Conclusion

Online drivers are not just service providers—they are parents, youth, entrepreneurs, and hustlers who keep Kenya moving. They deserve:

Fair earnings

Dignity at work

Safety and security

Freedom from harassment

Respect from both government and online platforms

We therefore urge the relevant authorities to take swift and decisive action to protect the economic rights, safety, and future of all Kenyan online drivers.

Signed:
Concerned online drivers and supportive Kenyan citizens.