From hustlers to workers: the contestested regulation of the e-hailing sector in Kenya

In 2022, the Government of Kenya adopted the National Transport and Safety Authority Regulations, making it one of the first African countries to regulate the e-hailing sector. Platform companies opposed the move, arguing that they were tech intermediaries who operated outside the jurisdiction of the nation state. However, the government moved ahead with the decision and suspended platform companies who failed to comply. Although the regulation did not establish an employment relationship between companies and workers, it was celebrated as a victory by Kenya’s growing platform worker movement. Drawing on participant observation, semi-structured interviews and a survey with 150 platform workers in Nairobi and Mombasa, this paper explores the politics of the regulation and its implications for the conditions of work, worker identities and political demands.

The paper argues that the Regulation was a response to pressure from two key constituencies ahead of the national election: platform workers, who were concerned about declining rates and the rising operational costs; and local e-hailing companies, who were concerned about unfair competition from abroad.

The paper finds that the Regulations have had little impact on the conditions of work because they have done little to transform the e-hailing business model. The main gain has been a commissions cap of 18%, which e-hailing companies have circumvented by adding additional service charges. Although workers initially supported their designation as self-employed worker in the regulation, 85% of those surveyed would support their reclassification as employees to benefit from the protections afforded to formal sector workers.

One of workers’ key demands is the establishment of a collective bargaining forum to negotiate working conditions across the e-hailing sector. While trade unions have historically played a central role in collective bargaining, workers are reluctant about joining the Transport Workers’ Union and hope to safeguard their autonomy by leveraging the National Transport and Safety Authority convene the forum. Whether this strategy works, remains to be seen.

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