NAIROBI, Kenya Sep 14 – The Digital Boda Drivers And Deliveries Association of Kenya has petitioned the National Assembly to enact legislation to regulate the sector and to protect them from exploitative tendencies.
Speaking when they presented their petition to the Clerk of the National Assembly Samuel Njoroge, the Association Members led by their Chairman Calvince Okumu, the riders pointed out that their petition is intended to address key challenges faced by their Members.
As a roadmap to address their challenges, the association is seeking to review the NTSA (Transport Network, Owners, Drivers and Passengers) Regulations to include motorcycles as vehicles protected under the regulations.
They further seek the amendment of the Public Transport (Motorcycle Regulation) Bill, 2023 (Senate Bill No. 38) to incorporate protections and facilitation of digital riders.
Key among the challenges they identified include unfair working conditions, lack of legal protection, and oppressive practices by Transport Network Companies (TNCs).
“Currently, there is no substantive law governing digital riders. The TNC regulations in Kenya exclude motorcyclists from essential protections, and the Boda-Boda Regulations of 2015 do not address the digital component of the sector”, Okumu noted.
“This legal vacuum leaves digital riders vulnerable to exploitation and abuse. Whereas there is a Bill [The Public Transport (Motorcycle Regulation) Bill, 2023, Senate Bill No. 38] which is currently before the Senate, the Bill is wholly devoid of any provisions touching on recognition or protection of digital rider services”, he added.
Among the prayers sought from the National Assembly through the Petition, is the enactment of legislation that recognizes digital riders as a unique sector of the transport industry with specific legal protections.
They also want the National Assembly to introduce regulatory measures for TNCs to ensure fair treatment of riders, including pricing, commissions, and contract terms.
This includes a legal framework that facilitates the protection of riders’ data and rights as workers in the gig economy.
Noting that the absence of a clear legal and regulatory framework has left riders vulnerable to exploitation and abuse, they called on the National Assembly to consider enacting laws and regulations to protect digital riders and ensure fairness in the operations with TNCs.
While receiving their Petition, Clerk Njoroge noted that the association has a right to Petition Parliament, and assured them that the House would consider the prayers sought.
Article 119 of the Constitution stipulates that “every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation”.
Source: capitalfm
