Digital Boda Drivers and Deliveries Association of Kenya has taken it up a notch, petitioning National Assembly to introduce legislation to regulate their sector as well as to protect them from exploitation.
Speaking while presenting the petition to Samuel Njoroge, Clerk of National Assembly, chairman Calvince Okumu pointed out that the petition is aimed at addressing issues of digital riders who are struggling to have their problems addressed in the push for NTSA Regulation Reforms. Among these are the amendment of NTSA Regulations on Transport Network Owners, Drivers, and Passengers to extend to include motorcycles as a way of ensuring that motorcyclists get the same protection under these laws just like any other vehicles.
Amendment of Motorcycle Regulation Bill
Thirdly, the association wants the House to amend Public Transport [Motorcycle Regulation] Bill 2023, Senate Bill No. 38. They claim that this Bill as it is does not have any provisions for digital riders and neither gives them any sort of protection nor facilitation.
Challenges Faced by Digital Riders
The petition points out several issues, including:
- Unequal working conditions: the working arrangement conditions offered to digital riders by TNCs are normally unfair to the latter.
- Lack of legal protection: lack of legal cover exposes digital riders to abuse.
- Oppressive practices by TNCs: riders have complained of unfavorable pricing models and exploitative commission arrangements.
Okumu said though regulations exist, for instance, 2015 Boda-Boda Regulations, the laws do not address digital aspects of the sector. Consequently, riders in the digital space remain largely unprotected.
Petition to Recognize Digital Riders
Among their main requests, the organization is seeking that Parliament recognize digital riders as a separate industry in the transport business deserving of specific legislative protections.
They also called for fresh regulations on operations of TNCSs. These should address rights of riders on pricing, commissioning, and provisions of contracts.
Protection for Gig Economy Riders
It further prays for the establishment of a legal framework that protects data of digital riders and workers in regard to their rights, summarizing the state of their vulnerability within gig economy. The absence of clear rules has often abandoned several riders at mercy of unscrupulous practices; there is therefore an imperative for Parliament to act.
Assurance from National Assembly
In response, Clerk Samuel Njoroge acknowledged the right of the association to petition Parliament and assured petitioners that their concerns would be taken care of. He referred to Article 119 of Constitution, which provides that any citizen may petition Parliament to consider any matter within its authority including enacting, amending, or repealing legislation.
The Digital Boda Drivers and Deliveries Association pursues legislative changes for the implementation of a more protective, fair environment in Kenya's gig economy, which is changing with each passing day.