The Transport Workers Union Kenya (TAWU-Kenya) has declared its intention to take Uber and Bolt to court, accusing the two companies of exploiting drivers through unfair digital labor practices that violate Kenya’s Constitution.
In a strongly worded statement issued today, the union revealed that it had formally notified Uber, Bolt, and several key regulators of its plan to file a constitutional petition at the Employment and Labour Relations Court. The regulators include:
- Ministry of Labour
- National Transport and Safety Authority (NTSA)
- Competition Authority of Kenya (CAK)
- Office of the Data Protection Commissioner (ODPC), of its plan to file a constitutional petition at the Employment and Labour Relations Court.
According to TAWU-Kenya, the petition seeks to challenge a series of actions by Uber and Bolt that have allegedly eroded driver welfare, including excessive commission deductions, arbitrary account deactivations, opaque data handling, and algorithmic control that leaves drivers with little to no say in their working conditions.
“Drivers are not slaves of the algorithm. They deserve dignity, fair compensation, and protection under Kenya’s labor laws,” said Nicholas Ogolla, general secretary of TAWU-Kenya.
The union accuses both ride-hailing platforms of breaching the Digital Hailing Regulations, 2022, which capped platform commissions at 18%.
Despite this, Uber and Bolt reportedly continue to deduct higher amounts from drivers’ earnings, a move the union says has severely cut into drivers’ take-home pay, especially amid rising fuel costs and living expenses.
Beyond financial concerns, the union is taking issue with how Uber and Bolt manage their driver networks. TAWU-Kenya says the companies unilaterally set trip fares, often adjusting them downwards without consulting drivers.
It also accuses them of deactivating driver accounts without due process, effectively locking drivers out of their source of income, a phenomenon Ogolla described as “digital dismissal.”
Adding to the grievances is the question of data transparency. The union alleges that both companies collect and process drivers’ personal and performance data without proper consent or disclosure, contravening Kenya’s Data Protection Act, 2019.
“Drivers are labelled ‘independent contractors,’ yet Uber and Bolt dictate every aspect of their work, from pricing and penalties to deactivation. That is not independence; that is exploitation,” Ogolla emphasized.
TAWU-Kenya says it has been working with platform driver associations and civil society organizations to compile evidence, prepare affidavits, and build a strong case for what could become a landmark court battle.
The petition, the union says, will seek to enforce drivers’ rights under Article 41 (fair labor practices), Article 46 (consumer rights), and Article 47 (fair administrative action) of the Constitution of Kenya.
The union has issued a 14-day notice to Uber, Bolt, and the listed regulators to respond to the concerns raised. If no action is taken within that period, TAWU-Kenya says it will proceed to file the constitutional petition in court.
In Kenya, thousands of drivers rely on digital platforms like Uber and Bolt as their main source of livelihood, but many have long complained about declining pay, opaque platform policies, and a lack of recourse when unfairly penalized.
For now, all eyes are on how the two companies and regulators will respond to TAWU-Kenya’s demands.
