Верховный суд Кении приостановил действие потолка комиссий в 18% для сервисов такси

Kenya’s High Court has paused enforcement of the 18% commission cap that ride-hailing platforms like Uber and Bolt were required to charge drivers. It also blocked a rule forcing platforms to store detailed driver and passenger data and hand it to the National Transport and Safety Authority (NTSA) on demand. Both rules came from the 2022 Transport Network Companies, Owners, Drivers, and Passengers Regulations. Justice Florence Muigai Aburili gave the government 12 months to fix the process behind them. If that doesn’t happen, the contested provisions lose legal force for good. In 2022, Nairobi drivers protested commissions of 25% or more. Uber cut its rate to 18%, and the government then locked that number into regulation for the whole industry. Later in 2025, Bolt Operations OU challenged the rules in court, arguing the cap, the data requirements, and the regulator’s powers were all unconstitutional. The court’s problem wasn’t the 18% figure itself. It was that the government never showed evidence the cap was necessary or proportionate and never ran a proper impact assessment before imposing it. READ: Competition Bill Targets Uber, Bolt and Other Powerful Digital Platforms Without that, the rule counted as unjustified interference with contract and property rights under Article 24 of the Constitution. The Privacy Problem Was Arguably Even Bigger Regulation 17 required platforms to keep trip and payment records, including driver and passenger identities, locations, timestamps, and fares, for three years and share them with NTSA on request. Justice Aburili called this a “regime of continuous surveillance” and ruled it violated privacy rights under Article 31 and the Data Protection Act. Three years of location and payment data can reveal exactly where someone lives and works and who they meet, and the court said that kind of access needs a clear legal basis and real limits, not a blanket rule. READ: Kenya Pushes Mandatory Local Data Storage for Ride-Hailing and Booking Apps The regulations were gazetted while Parliament was in recess, and enforcement started before lawmakers reviewed them, skipping a required oversight step. The court also confirmed counties still control local transport matters like taxis and parking, while NTSA handles safety standards and cross-county licensing. Why the Rules Stay for Now Scrapping everything immediately would also wipe out driver background checks and vehicle safety standards, so the court suspended its ruling for 12 months rather than ending it instantly, giving the government time to rebuild the framework properly. What This Means for Drivers The government can no longer enforce the 18% ceiling, but nothing forces platforms to raise commissions either. Drivers still have leverage: they can switch platforms if commissions climb too high, and passengers can do the same if fares rise. A TIFA survey found 59% of Nairobi riders opposed a government minimum fare, and 63% preferred letting competition set prices. That said, the government still has other tools, including competition law and a proposed Competition (Amendment) Bill 2026 that could address platform power without setting a fixed commission rate.