The Transport Workers Union Kenya (TAWU-Kenya) has joined striking Uber and Bolt drivers and announced plans to file a constitutional petition against the ride-hailing giants and key government regulators, citing unfair and unlawful digital labour practices.
In a formal notice issued on Tuesday, the union accused Uber and Bolt of violating drivers’ constitutional rights through excessive commission deductions, unfair algorithmic control, arbitrary account deactivations, and non-transparent data handling.
The petition set to be filed at the Employment and Labour Relations Court will also name several state agencies as respondents, including the Ministry of Labour and Social Protection, National Transport and Safety Authority (NTSA), Competition Authority of Kenya (CAK) and 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 of TAWU-Kenya.
The union claims that both companies continue to deduct commissions above the 18% cap set by the Digital Hailing Regulations, 2022, manipulate fares, and deactivate drivers without due process amounting to “digital dismissal.” It further accuses the platforms of violating the Data Protection Act, 2019 by using driver data without consent or transparency.
Ogolla said the union is collaborating with driver associations and civil society organisations to compile evidence and affidavits supporting the petition, which will invoke Articles 41, 46, and 47 of the Constitution of Kenya covering fair labour practices, consumer rights, and fair administrative action.
“Drivers are called independent contractors, yet Uber and Bolt control every element of their work from pricing, penalties, and deactivation. That is not independence; that is exploitation,” Ogolla added.
The union has given Uber, Bolt, and the relevant state agencies 14 days to respond to its demands. If no resolution is reached, TAWU-Kenya will move to court.
The strike, now on its third day, has disrupted urban transport in several major cities, including Nairobi, Mombasa, and Kisumu, as drivers demand compliance with Kenya’s ride-hailing regulations and fairer pay structures.
