KNOW YOUR RIGHTS

as a Woman Commercial Driver in Kenya

1-hour virtual training | WCDA-K

Women Driving Change

WCDA-K | Women Driving Change

Training flow

Our 1-hour plan

We will leave time for questions and real cases.

0–5 min

Welcome, why rights matter, quick check-in.

5–15 min

The real working conditions women drivers face in Kenya.

15–35 min

Human rights, employment rights and platform-driver rights.

35–48 min

What to do when rights are violated: document, report, escalate.

48–55 min

Short case exercise: what would you do?

55–60 min

Q&A and next steps through WCDA-K.

Training rule 1: Bring real examples, but do not expose another person’s private story without consent.

Training Rule 2: PARTICIPATE in the discussion

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Reality check

Why this topic matters

Most exploitation begins where information is missing.

• Many women drivers work long hours yet take home less after fuel, commission, loans, maintenance and penalties.
• Women carry extra risks: sexual harassment, unsafe passengers, night work, police harassment, stigma and unpaid care work at home.
• Platform work can feel like “self-employment” while the app still controls fares, ratings, access to trips and deactivation.
• A right is useful when you can name it, show the law behind it, keep evidence and act with others.

The message

You are not “just a driver”. You are a worker, a service provider, a road user, a woman, a citizen and a human being with rights.

Legal note: Employment Act protections depend on whether the driver is an employee under a contract of service. Platform drivers also rely on the Constitution, NTSA Regulations, contracts and consumer/data laws.

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Rights map

Rights come from several places

Do not rely on one law only.

1. Constitution of Kenya

Human dignity, equality, safety, privacy, fair labour practices, association, access to justice and fair process.

2. Employment Act

Applies when you are an employee. Covers contracts, wages, leave, maternity, harassment, termination and complaints.

3. NTSA platform rules

For app-based transport: agreements, commissions, deactivation procedure, safety, panic button and passenger duties.

4. Other protections

OSH, work injury, data protection, criminal law, traffic law, consumer protection, police accountability and contracts.

5. Collective voice

WCDA-K helps drivers organise, document patterns, train members and push policy and corporate accountability.

Sources in this deck: Constitution of Kenya 2010; Employment Act Cap. 226; NTSA Transport Network Companies, Owners, Drivers and Passengers Regulations 2022; OSHA 2007; WIBA 2007.

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Human rights

First: your rights as a human being

These protect you before any contract, app or employer.

Constitutional right

What it means for a woman driver

• Article 26: right to life
• Article 27: equality and non-discrimination
• Article 28: dignity
• Article 29: freedom and security of the person
• Article 31: privacy
• Article 43: health, sanitation, water and social security

1. No passenger, officer, fleet owner or platform should treat you as less human because you are a woman driver.
2. Violence, sexual intimidation, unlawful detention, humiliating treatment and unnecessary exposure of personal information are rights issues.
3. Poor sanitation, lack of safe rest areas and unsafe night work are not “women being weak”. They are health, dignity and safety concerns.

Constitution Articles 26, 27, 28, 29, 31 and 43.

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Human rights

Equality, dignity and safety

The law recognises harm that women drivers face.

Article 27

Women and men have the right to equal treatment, including equal opportunities. Discrimination on sex, pregnancy, marital status, disability, health status and other grounds is prohibited.

Article 28

Every person has inherent dignity and the right to have that dignity respected and protected.

Article 29

Every person has the right not to be subjected to violence from public or private sources, torture, cruel, inhuman or degrading treatment.

Practical meaning: sexist insults, sexual threats, violent passengers, harassment at stages, and degrading treatment at roadblocks are not “normal parts of the job”.

Constitution Articles 27, 28 and 29.

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Human rights

Work, voice and justice rights

These matter whether you drive a cab, truck, PSV, company vehicle or platform car.

Article 41: labour relations

Every person has the right to fair labour practices. Every worker has the right to fair remuneration, reasonable working conditions, to form or join a trade union, and to strike where lawful.

Article 36 & 37: organise

You have the right to form or join an association, assemble, picket and petition peacefully and unarmed.

Article 47, 48 & 50: process

You have the right to fair administrative action, access to justice and a fair hearing. Decisions that affect your livelihood should not be secret, arbitrary or impossible to challenge.

WCDA-K exists because isolated drivers are easy to silence. Organised drivers can gather evidence, negotiate, demand safer systems and push better laws.

Constitution Articles 36, 37, 41, 47, 48 and 50.

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Human rights

Privacy and information rights

You cannot protect a right if information is hidden.

Article 31: privacy

• Your person, vehicle and property should not be searched arbitrarily.
• Personal and family information should not be unnecessarily required or exposed.
• Your communications should not be unlawfully interfered with.

Article 35: access to information

• You can seek information needed to exercise or protect a right.
• In platform work this supports demands for fare transparency, records, reasons for decisions and correction of misleading information.
• Keep screenshots because app information can disappear.

Constitution Articles 31 and 35; Data Protection Act may also apply where personal data is collected or processed.

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Employment Act

If you are employed as a driver

These rights apply under the Employment Act when there is a contract of service.

Who is covered?

Employment Act section 3 applies to employees employed by an employer under a contract of service. The contract can be oral or written under section 8.

Written terms

Sections 9 and 10 require written contracts for work of 3+ months and particulars such as job description, hours, pay, benefits, leave and notice.

Know your rights at work

Section 15 requires employers to display a statement of employees’ rights under the Act in a place accessible to employees.

Driver example

If you drive for a company, hotel, fleet, logistics firm, school, institution or private employer, ask:

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• What is my contract?
• What are my hours?
• What is my pay structure?
• Who pays fuel, repairs, insurance and fines?

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If you are called “casual” but work continuously, section 37 may convert casual work to terms consistent with the Act.

Employment Act sections 3, 8, 9, 10, 15 and 37.

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Employment Act

Core employment rights for women drivers

Use these exact section numbers in discussion.

No forced labour

Section 4 prohibits forced labour. A driver should not be trapped through threats, debt, retained documents or coercion.

No discrimination

Section 5 prohibits discrimination and harassment in recruitment, training, promotion, conditions, termination and discipline, including sex, pregnancy, marital status and disability.

No sexual harassment

Section 6 defines sexual harassment and requires employers with 20+ employees to issue a sexual harassment policy.

Wages and payslips

Sections 17 and 20 protect payment of wages and require written pay statements for covered employees.

Rest and leave

Sections 27 and 28 cover working hours, weekly rest and annual leave.

Maternity and sick leave

Sections 29 and 30 cover maternity leave, return to work and sick leave for covered employees.

Employment Act sections 4, 5, 6, 17, 20, 27, 28, 29 and 30.

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Employment Act

Termination, discipline and unfair dismissal

A job should not be taken away secretly or unfairly.

Section 35: notice

Monthly-paid employees are generally entitled to 28 days’ notice or payment in lieu, unless the contract gives more favourable terms.

Section 41: hearing

Before termination for misconduct, poor performance or incapacity, the employer must explain the reason in a language the employee understands and hear the employee.

Section 45: unfair termination

Termination is unfair if the employer cannot prove a valid and fair reason and fair procedure.

Section 46: invalid reasons

Pregnancy, leave, union membership, sex, marital status, HIV status, disability and bringing a legal complaint are not fair reasons for dismissal or discipline.

Section 51: certificate

On termination, most employees who worked for at least four consecutive weeks should receive a certificate of service.

Employment Act sections 35, 41, 45, 46 and 51.

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Platform rights

If you work through APPs

Kenya has specific transport network regulations.

Agreement and Kenyan law

A transport network company must have an agreement with the owner, licensed driver and subscriber. Kenyan law applies and disputes go before Kenyan courts or tribunals.

Commission cap

The commission paid by a driver or vehicle owner to the platform must not exceed 18% of total earnings per trip under the regulations.

Deactivation procedure

Before deactivation, suspension or removal, the platform must follow its policy, give written notice and reasons, and allow the driver or owner to challenge it.

Safety, privacy and records

Platforms must have measures for security, protection and privacy, provide a panic button with response, and maintain trip records for three years.

Right to refuse unsafe conduct

A driver may refuse to transport a passenger who is disorderly or threatening, or who refuses to state a destination.

NTSA Transport Network Regulations 2022, regulations 9, 10, 11, 14, 15, 17 and 21.

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Safety

Rights during unsafe passenger situations

Safety is lawful work practice.

When a passenger becomes unsafe

• Stop in a safe, public place where possible.
• Use the platform emergency or support feature and call trusted contacts.
• End the trip if the passenger is threatening, disorderly or refuses to state a destination.
• Do not negotiate sexual harassment or threats. Preserve evidence and report.

Legal backing

• Constitution Article 29 protects against violence from public or private sources.
• NTSA Regulations require security and privacy measures and a panic button response.
• NTSA Regulations allow refusal of a disorderly or threatening passenger.
• Passenger duties include not obstructing, using obscene/offensive language, damaging the vehicle or causing injury, discomfort or annoyance.

Constitution Article 29; NTSA Transport Network Regulations 2022, regulations 11, 14, 21 and 22.

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Roadside rights

When stopped by police, NTSA or county officers

Be lawful, calm and firm.

Your responsibilities

Carry valid licence, PSV badge where required, insurance, inspection/roadworthiness documents and comply with lawful traffic instructions.

Your rights

Ask what offence is alleged. You have dignity, freedom from degrading treatment, privacy, access to justice, fair hearing and arrested-person rights if arrested.

Do not normalise bribes

Ask for a lawful process, official ticket, charge sheet, receipt, written notice or summons. If threatened, prioritise safety and report through appropriate channels.

If arrested

You should be informed promptly, in a language you understand, of the reason for arrest and your right to remain silent.

You should be brought before court as soon as reasonably possible, usually not later than 24 hours, subject to constitutional rules.

For fine-only or minor offences, ask about bond or bail and avoid paying unofficial money.

Constitution Articles 28, 29, 31, 48, 49 and 50; road users must still comply with lawful traffic requirements.

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Contracts and loans

Loans, fleet owners and vehicle access

A difficult contract can become the hidden employer.

Common risks for drivers

• Daily/weekly targets that ignore fuel shocks, repairs, sick days and care work.
• Logbook loans, asset finance or rent-to-own terms that are not fully explained.
• Repossession threats, retained documents, hidden fees, penalties and blacklisting fears.
• Electric vehicles are advertised as cheaper, but many drivers cannot access fair financing or charging infrastructure.

Rights lens

• Article 46 protects consumer rights, including information needed to gain full benefit from goods and services and protection of economic interests.
• Article 47 supports fair, lawful and reasonable administrative decisions where public bodies are involved.
• Employment Act section 17 protects wages where you are an employee.
• Never sign blank documents. Keep the full agreement, receipts, statements and repossession notices.

Constitution Articles 46 and 47; Employment Act section 17. This slide is practical legal literacy, not legal advice on a specific loan.

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Evidence

What to document before you complain

No evidence, no pattern. No pattern, no pressure.

For platform issues

Screenshots of fare, commission, trip ID, rating change, deactivation notice, support chat, passenger complaint and payout statement.

For police/county issues

Date, time, location, officer name or number if visible, alleged offence, document given, receipt/ticket, witnesses and any lawful recording.

For GBV or violence

Get to safety first. Record what happened, preserve messages/calls, seek medical care where needed, report promptly, and keep OB/medical reference numbers.

For employment/fleet disputes

Contract, job offer, payslips, M-Pesa messages, work schedule, trip sheets, leave requests, warning letters, accident reports and termination letters.

For WCDA-K advocacy

Share patterns, not gossip. We need evidence of recurring issues: location, platform, problem, cost to driver and remedy requested.

Practical checklist based on Constitution Article 35, Employment Act record provisions, and NTSA platform record/complaints requirements.

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Escalation

Where to report or escalate

Choose the pathway based on the problem.

Start with the safest route

• Immediate danger: move to safety and call emergency/security contacts.
• Crime or violence: report to the police and keep the OB number.
• Medical or assault case: seek medical care and preserve documents.
• Workplace employment issue: report to employer in writing, then labour office or ELRC where needed.
• Platform issue: use support, request written reasons, escalate to NTSA where transport network rules are breached.
• Data/privacy issue: report through platform channels and consider the Office of the Data Protection Commissioner where personal data is misused.

Use WCDA-K

• Report repeated problems through the association so we can see patterns.
• Attend weekly training and share verified information with other members.
• Use collective letters, petitions, meetings and media only after facts are checked.
• Do not suffer alone: rights are stronger when we organise.

Constitution Articles 36, 37, 41, 47, 48 and 50; Employment Act complaint mechanisms; NTSA Transport Network Regulations.

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Practice

Case exercise

What right is affected? What evidence is needed? Where do we report?

Case 1: sudden deactivation

A passenger says you were rude. The app blocks your account without giving details. You cannot cash out pending earnings.

Case 2: unsafe passenger

At night, a passenger changes destination and becomes sexually aggressive. You end the trip in a lit petrol station.

Case 3: fleet owner

You drive a car on daily target. Fuel increases, trips reduce, but the owner demands full target and threatens to keep your ID.

Case 4: police stop

You are stopped at a roadblock. The officer refuses to state the offence and asks for money “to finish the matter”.

Case 5: pregnancy

A company tells a woman driver she cannot return to her route because pregnant women are unreliable.

Use the Constitution, Employment Act and NTSA Regulations to answer each case.

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Quick reference

One-page rights checklist

Keep this as your memory slide.

• Dignity and equality: Constitution Articles 27 and 28.
• Safety from violence and degrading treatment: Article 29.
• Privacy and data: Article 31; ask why your information is needed.
• Fair labour practices and organising: Articles 41, 36 and 37.
• Fair process and justice: Articles 47, 48, 49 and 50.
• Employment rights where employed: Employment Act sections 4, 5, 6, 9, 10, 17, 20, 27, 28, 29, 30, 35, 37, 41, 45, 46 and 51.
• Platform-driver rights: NTSA Regulations on agreements, 18% commission cap, deactivation procedure, security/privacy, panic button, records and refusal of threatening passengers.
• Evidence habit: screenshot, save receipts, write dates, report early, and share patterns with WCDA-K.

This is a training summary. For an individual legal dispute, seek legal advice or official guidance.

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Q&A

Q&A and next steps

Women Driving Change

Ask

What right did you learn today that you did not know before?

Commit

What is one thing you will start documenting this week?

Organise

Which issue should WCDA-K collect evidence on first?

Next weekly topic: How Uber, Bolt and digital platforms work

Thank you.

Your voice matters

WCDA-K training deck | Know Your Rights as a Woman Commercial Driver in Kenya.

WCDA-K | Women Driving Change

Sources

Sources checked

References

1. Constitution of Kenya, 2010: Articles 26, 27, 28, 29, 31, 35, 36, 37, 41, 43, 46, 47, 48, 49 and 50.
2. Employment Act, Cap. 226: sections 3, 4, 5, 6, 8, 9, 10, 15, 17, 20, 27, 28, 29, 30, 35, 37, 41, 45, 46 and 51.
3. National Transport and Safety Authority Transport Network Companies, Owners, Drivers and Passengers Regulations, Legal Notice 120 of 2022: regulations 9, 10, 11, 14, 15, 17, 20, 21 and 22.
4. Occupational Safety and Health Act, Cap. 236A: duties on workplace safety, health policy, non-retaliation and self-employed safety duties.
5. Work Injury Benefits Act, 2007: employer insurance and compensation for injury at work where a driver is an employee.

Note: Laws can change. For case-specific advice, consult a lawyer, labour officer, NTSA, ODPC, police or another competent authority.