The Chairperson of the Departmental Committee on Transport and Infrastructure Hon. George Kariuki laid before the floor of the house the report on the consideration of public petition (No. 14 of 2024) regarding legal recognition and protection of E- hailing motorcycle riders and delivery personnel

The Public Petition No. 014 of 2024 by the Digital Boda Drivers Association regarding legal recognition and protection of E-hailing motorcycle riders and delivery personnel, was reported to the House on 18th September, 2024 by the Honourable Speaker on behalf of the Petitioners.

The Petitioners are a registered Association with the Registrar of Societies. The Cyclist Transport subsector, popularly known as the Bodaboda industry, has become a strategic part of the Kenyan transport system, providing last-mile connectivity and creating employment opportunities for thousands of Kenyans. 

The Petitioners raised many issues, including unfair misclassification of Drivers, where Riders are often misclassified as independent contractors while Transport Network Companies (TNCs) retain significant control over their work, effectively treating them as employees without offering employee protections, and oppressive Pricing Formulas, where the pricing mechanisms implemented by TNCs are unfair and unprofitable. The Riders also claimed that they often face sudden deactivation from platforms without fair warning or justification.

The Petitioners had requested that the National Assembly through the Committee, among other things, enacts or amends relevant legislation to formally recognize digital riders as a core subsector of the transport industry and ensure their rights are protected; recommends necessary amendments of the National Transport and Safety Authority (Transport Network, Owners, Drivers and Passengers) Regulations,2022 to include Motorcycles as Vehicles protected under Regulations.

 The Petitioners also asked that the Committee inquires into and urgently recommends appropriate legal and regulatory reforms on the operations of Transport Network Companies including pricing mechanisms and contract terms; establishing a minimum wage for e-hailing riders and reviews the minimum cost of deliveries and designation of specific parking areas for riders.

The Committee observed that the NTSA (Transport Network Companies Owners, Drivers and Passengers) Regulations, 2022, omitted motorcycles since the business model of TNCs at the time of enacting the regulations did not engage motorcycles. The market has evolved by engaging vehicles and three three-wheelers, two-wheelers (motorcycles, e-bikes, bicycles), and pedestrians, especially for delivery services. Therefore, there is a need to review the regulations so that they can adequately govern the app-based transport/ e-hailing sector.

The digital taxi and delivery service sectors have employed drivers and riders who are majorly the youth segment of the population and, therefore, are a significant contributor to the economy. Notably, the Kenya Revenue Authority submitted that in the financial year 2022/23 and 2023/2024, the revenue collected from digital taxi hailing and digital delivery services amounted to Kshs.16 Billion.

The Committee, therefore, recommended that the Cabinet Secretary for the Ministry of Roads and Transport should review the National Transport and Safety Authority (Transport Network, Owners, Drivers and Passengers) Regulations and submit the revised Regulations incorporating three-wheelers, two-wheelers (motorcycles, e-bikes, bicycles) to the National Assembly within ninety (90) days of the adoption of this report. The reviewed Regulations should  address the issue of pricing formula and dispute resolution mechanisms;

Further, the Cabinet Secretary for the Ministry of Roads and Transport ensures that a Regulatory Impact Assessment on the National Transport and Safety Authority (Transport Network Companies Owners, Drivers and Passengers) Regulations, 2022, is done within sixty (60) days of the adoption of this report and submit a report to the National Assembly.