Day 1 Discussions: Digital Hailing Services Regulations

Good morning listers, Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations. Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA. We would like to hear your views on this: a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements? Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech... Over to you listers. -- Best regards. Liz. PGP ID: 0x1F3488BF

Thank You Liz. I wish to seek clarifications on the following 1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models? 2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c? 3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors? 4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy? On Mon, 10 Feb 2020 9:10 AM Liz Orembo via kictanet, < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

Liz and all I keep on saying this until I'm beginning to sound like a broken record. My thoughts about the New Normal. 1. Used to be that 3 things were a given in life - Life, taxes, and death. Please add regulation before death. Now, don't get me wrong. Not everything needs to be regulated. However, it is my humble opinion that public transport is not and should not be left to the vagaries of the profit motive. It is not by design that Uber, after 10 years of operations has not turned a profit. How we regulate is another issue. It cannot be that we regulate uber etc the way we do matatus. Make no mistake. Whether we like it or not. Regulation is here. The point then is how do we ensure this doesn't kill innovation? 2. Government agencies need to engage players in the industry and industry needs to engage the government to ensure the regulations are based on the reality on the ground (Vitu Kwa Ground in Different) 3. Everyone should be treated the same. In fact, I'd go out on a limb and say that the government needs to protect local tech entrepreneurs. There is no such thing as Free Markets. That is something the west imposes on us to create a market for their products and services. Let us perish the thought of an 'Even Playing Field'. Regards *Ali Hussein* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Mon, Feb 10, 2020 at 9:09 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

Hello,
From the apparent justifications for the regulations, I think some issues are being conflated, unfortunately. I am thinking at least 3 issues exist and could be dealt with separately.
1. *Accidents and crime *- Might it help to broaden the regulations to cover normal offline taxis. If anything digital taxi-hailing provides increased possibility for passenger safety than normal taxis. It seems pointless to provide a fix for what is not really broken. 2.* Owners / Drivers / Operator feuding on commercials* - These ideally should be maintained as commercial leasing agreements (drivers with owners) and marketing service agreements (Drivers with operators). The employer-employee narrative misses the point on the platform economy where actors should be considered autonomous and responsive to the market forces. 3. *Tax evasion and revenue collection - *This seems to be the main thrust of the regulations. To check on tax evasion by operators - Uber, Bolt, etc is welcome and timely. Legal technicalities on tax avoidance will remain. To squeeze out more taxes and fees from drivers and vehicle owners is fair - not sure about timely - If it were me, I would let the gig economy grow roots first, for a couple more years. Kind regards On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jkieti%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- John Kieti Phone: +254-735-764242 // +254-722-764242 Twitter: @johnKieti <https://twitter.com/johnkieti> // Skype: jkieti Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn: https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti> The ordinary just won't do

Thank you Ali, Kieti and Bill. @Ali Hussein <ali@hussein.me.ke> Indeed, we should regulate to grow the sector, not to kill it. From the public participation, it looks like vitu kwa ground is confusion/chaotic. The digital hailing service operators have not been engaging car owners and the government. These regulations have also capped commission. The operators are supposed to charge commission to a cap of 15%. to protect the drivers from the effects of competition between the companies. A question though; how did the NTSA arrive at this percentage? Is it fair to cap profits? What are the effects in the industry? @kieti you raise very valid points. Taxing the vehicle owners and drivers might not be timely. How about the multinationals? Because not imposing tax on them also exposes local companies which are already paying taxes to unfair competition. @Bill Dian <billdian732@gmail.com>, ill through these questions to fellow listers. 1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models? 2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c? 3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors? 4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy? On Mon, Feb 10, 2020 at 11:26 AM John Kieti <jkieti@gmail.com> wrote:
Hello,
From the apparent justifications for the regulations, I think some issues are being conflated, unfortunately. I am thinking at least 3 issues exist and could be dealt with separately.
1. *Accidents and crime *- Might it help to broaden the regulations to cover normal offline taxis. If anything digital taxi-hailing provides increased possibility for passenger safety than normal taxis. It seems pointless to provide a fix for what is not really broken. 2.* Owners / Drivers / Operator feuding on commercials* - These ideally should be maintained as commercial leasing agreements (drivers with owners) and marketing service agreements (Drivers with operators). The employer-employee narrative misses the point on the platform economy where actors should be considered autonomous and responsive to the market forces. 3. *Tax evasion and revenue collection - *This seems to be the main thrust of the regulations. To check on tax evasion by operators - Uber, Bolt, etc is welcome and timely. Legal technicalities on tax avoidance will remain. To squeeze out more taxes and fees from drivers and vehicle owners is fair - not sure about timely - If it were me, I would let the gig economy grow roots first, for a couple more years.
Kind regards
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jkieti%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
--
John Kieti Phone: +254-735-764242 // +254-722-764242 Twitter: @johnKieti <https://twitter.com/johnkieti> // Skype: jkieti Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn: https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti>
The ordinary just won't do
-- Best regards. Liz. PGP ID: 0x1F3488BF

The thing that these proposed Regulation is overlooking is the overarching need for a complete overhaul of our Public Transport System. Any mass transit system in the world cannot be left to the vagaries of the profit motive alone. This is where the rain started beating us down. When we killed Kenya Bus Services and allowed the matatu menace to run roughshod over us. These new proposed regulations continue to perpetuate silo thinking not just in govt but in the private sector too. Time ya kuamka. Masaa ina enda.. Ali Hussein +254 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim "We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle Sent from my iPad
On 10 Feb 2020, at 11:40 AM, Liz Orembo via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali, Kieti and Bill.
@Ali Hussein Indeed, we should regulate to grow the sector, not to kill it. From the public participation, it looks like vitu kwa ground is confusion/chaotic. The digital hailing service operators have not been engaging car owners and the government.
These regulations have also capped commission. The operators are supposed to charge commission to a cap of 15%. to protect the drivers from the effects of competition between the companies. A question though; how did the NTSA arrive at this percentage? Is it fair to cap profits? What are the effects in the industry?
@kieti you raise very valid points. Taxing the vehicle owners and drivers might not be timely. How about the multinationals? Because not imposing tax on them also exposes local companies which are already paying taxes to unfair competition.
@Bill Dian, ill through these questions to fellow listers. 1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models? 2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c? 3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors? 4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy?
On Mon, Feb 10, 2020 at 11:26 AM John Kieti <jkieti@gmail.com> wrote: Hello,
From the apparent justifications for the regulations, I think some issues are being conflated, unfortunately. I am thinking at least 3 issues exist and could be dealt with separately.
1. Accidents and crime - Might it help to broaden the regulations to cover normal offline taxis. If anything digital taxi-hailing provides increased possibility for passenger safety than normal taxis. It seems pointless to provide a fix for what is not really broken. 2. Owners / Drivers / Operator feuding on commercials - These ideally should be maintained as commercial leasing agreements (drivers with owners) and marketing service agreements (Drivers with operators). The employer-employee narrative misses the point on the platform economy where actors should be considered autonomous and responsive to the market forces. 3. Tax evasion and revenue collection - This seems to be the main thrust of the regulations. To check on tax evasion by operators - Uber, Bolt, etc is welcome and timely. Legal technicalities on tax avoidance will remain. To squeeze out more taxes and fees from drivers and vehicle owners is fair - not sure about timely - If it were me, I would let the gig economy grow roots first, for a couple more years.
Kind regards
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this: a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jkieti%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
--
John Kieti Phone: +254-735-764242 // +254-722-764242 Twitter: @johnKieti // Skype: jkieti Blog: gmeltdown.com // LinkedIn: https://ke.linkedin.com/in/kieti
The ordinary just won't do
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

Thank you Liz for these discussions. My views are 1. The original idea of digital hailing apps was not to add new licence classes and regulations in our statutes but was to share free seats in personal cars. When driving along the city, I carry with me 4 empty seats. I take empty seats to Nairobi, and back. Next time while on the road, check the number of cars passing by ferrying only the driver - translating to more fuel used, more roads damaged, more traffic hours, more spare parts used, etc. Sharing that empty utility can save the country some good money, especially in foreign exchange (everything in cars is imported). The process of private citizens carrying other road users going in the same direction should be at the centre of digital hailing. It should be encouraged and promoted, Onboarding should be seamless, and cost-free, and private drivers SHOULD be allowed to participate. After all, we know our public transport system is broken and not as reliable. Public transport should be one area that the government gets correctly. It is easy to implement, and enforce. But we have refused. We want to thrive in chaos. 2. Foreign digital hailing apps should NOT be allowed to set-up shop in Kenya. We should not open up industries to foreigners that can be done perfectly by locals. You cannot have a digital hailing client, working tirelessly 365 days a year, earning, paying for the hailing service, and that capital goes to Dubai or California. You cannot have a digital hailing service investor paying a percentage of his income for the capital to fly abroad. Those are failed policies. Indeed, some Prevent capital flight for cottage industries. There is no value that foreign taxi-hailing apps bring to this economy rather than harvesting human capital. ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva On Mon, 10 Feb 2020 at 12:08, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
The thing that these proposed Regulation is overlooking is the overarching need for a complete overhaul of our Public Transport System. Any mass transit system in the world cannot be left to the vagaries of the profit motive alone. This is where the rain started beating us down. When we killed Kenya Bus Services and allowed the matatu menace to run roughshod over us.
These new proposed regulations continue to perpetuate silo thinking not just in govt but in the private sector too.
Time ya kuamka. Masaa ina enda..
*Ali Hussein* +254 0713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
Sent from my iPad
On 10 Feb 2020, at 11:40 AM, Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali, Kieti and Bill.
@Ali Hussein <ali@hussein.me.ke> Indeed, we should regulate to grow the sector, not to kill it. From the public participation, it looks like vitu kwa ground is confusion/chaotic. The digital hailing service operators have not been engaging car owners and the government.
These regulations have also capped commission. The operators are supposed to charge commission to a cap of 15%. to protect the drivers from the effects of competition between the companies. A question though; how did the NTSA arrive at this percentage? Is it fair to cap profits? What are the effects in the industry?
@kieti you raise very valid points. Taxing the vehicle owners and drivers might not be timely. How about the multinationals? Because not imposing tax on them also exposes local companies which are already paying taxes to unfair competition.
@Bill Dian <billdian732@gmail.com>, ill through these questions to fellow listers.
1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models?
2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c?
3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors?
4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy?
On Mon, Feb 10, 2020 at 11:26 AM John Kieti <jkieti@gmail.com> wrote:
Hello,
From the apparent justifications for the regulations, I think some issues are being conflated, unfortunately. I am thinking at least 3 issues exist and could be dealt with separately.
1. *Accidents and crime *- Might it help to broaden the regulations to cover normal offline taxis. If anything digital taxi-hailing provides increased possibility for passenger safety than normal taxis. It seems pointless to provide a fix for what is not really broken. 2.* Owners / Drivers / Operator feuding on commercials* - These ideally should be maintained as commercial leasing agreements (drivers with owners) and marketing service agreements (Drivers with operators). The employer-employee narrative misses the point on the platform economy where actors should be considered autonomous and responsive to the market forces. 3. *Tax evasion and revenue collection - *This seems to be the main thrust of the regulations. To check on tax evasion by operators - Uber, Bolt, etc is welcome and timely. Legal technicalities on tax avoidance will remain. To squeeze out more taxes and fees from drivers and vehicle owners is fair - not sure about timely - If it were me, I would let the gig economy grow roots first, for a couple more years.
Kind regards
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
--
John Kieti Phone: +254-735-764242 // +254-722-764242 Twitter: @johnKieti <https://twitter.com/johnkieti> // Skype: jkieti Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn: https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti>
The ordinary just won't do
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

Dear Kivuva, Well said. One of the towns that had really localized Digital hailing is Nakuru. It appears the drivers have even formed an association. What NTSA may need to do is broaden the scope of stakeplayers to ensure they have the right experts at the table that is driving this conversation. Whereas many of us are weighing in on the issue, our big toes might not be hurting compared to the cab drivers. This article [1] explains the challenges the drivers are facing. Best regards Barrack Otieno On Monday, 10-02-2020 at 21:51 Mwendwa Kivuva via kictanet wrote: Thank you Liz for these discussions. My views are 1. The original idea of digital hailing apps was not to add new licence classes and regulations in our statutes but was to share free seats in personal cars. When driving along the city, I carry with me 4 empty seats. I take empty seats to Nairobi, and back. Next time while on the road, check the number of cars passing by ferrying only the driver - translating to more fuel used, more roads damaged, more traffic hours, more spare parts used, etc. Sharing that empty utility can save the country some good money, especially in foreign exchange (everything in cars is imported). The process of private citizens carrying other road users going in the same direction should be at the centre of digital hailing. It should be encouraged and promoted, Onboarding should be seamless, and cost-free, and private drivers SHOULD be allowed to participate. After all, we know our public transport system is broken and not as reliable. Public transport should be one area that the government gets correctly. It is easy to implement, and enforce. But we have refused. We want to thrive in chaos. 2. Foreign digital hailing apps should NOT be allowed to set-up shop in Kenya. We should not open up industries to foreigners that can be done perfectly by locals. You cannot have a digital hailing client, working tirelessly 365 days a year, earning, paying for the hailing service, and that capital goes to Dubai or California. You cannot have a digital hailing service investor paying a percentage of his income for the capital to fly abroad. Those are failed policies. Indeed, some Prevent capital flight for cottage industries. There is no value that foreign taxi-hailing apps bring to this economy rather than harvesting human capital. ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva On Mon, 10 Feb 2020 at 12:08, Ali Hussein via kictanet wrote: The thing that these proposed Regulation is overlooking is the overarching need for a complete overhaul of our Public Transport System. Any mass transit system in the world cannot be left to the vagaries of the profit motive alone. This is where the rain started beating us down. When we killed Kenya Bus Services and allowed the matatu menace to run roughshod over us. These new proposed regulations continue to perpetuate silo thinking not just in govt but in the private sector too. Time ya kuamka. Masaa ina enda.. Ali Hussein +254 0713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim "We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle Sent from my iPad On 10 Feb 2020, at 11:40 AM, Liz Orembo via kictanet wrote: Thank you Ali, Kieti and Bill. @Ali Hussein [2] Indeed, we should regulate to grow the sector, not to kill it. From the public participation, it looks like vitu kwa ground is confusion/chaotic. The digital hailing service operators have not been engaging car owners and the government. These regulations have also capped commission. The operators are supposed to charge commission to a cap of 15%. to protect the drivers from the effects of competition between the companies. A question though; how did the NTSA arrive at this percentage? Is it fair to cap profits? What are the effects in the industry? @kieti you raise very valid points. Taxing the vehicle owners and drivers might not be timely. How about the multinationals? Because not imposing tax on them also exposes local companies which are already paying taxes to unfair competition. @Bill Dian [3], ill through these questions to fellow listers. 1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models? 2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c? 3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors? 4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy? On Mon, Feb 10, 2020 at 11:26 AM John Kieti wrote: Hello,
From the apparent justifications for the regulations, I think some issues are being conflated, unfortunately. I am thinking at least 3 issues exist and could be dealt with separately.
1. _Accidents and crime _- Might it help to broaden the regulations to cover normal offline taxis. If anything digital taxi-hailing provides increased possibility for passenger safety than normal taxis. It seems pointless to provide a fix for what is not really broken. 2._ Owners / Drivers / Operator feuding on commercials_ - These ideally should be maintained as commercial leasing agreements (drivers with owners) and marketing service agreements (Drivers with operators). The employer-employee narrative misses the point on the platform economy where actors should be considered autonomous and responsive to the market forces. 3. _Tax evasion and revenue collection - _This seems to be the main thrust of the regulations. To check on tax evasion by operators - Uber, Bolt, etc is welcome and timely. Legal technicalities on tax avoidance will remain. To squeeze out more taxes and fees from drivers and vehicle owners is fair - not sure about timely - If it were me, I would let the gig economy grow roots first, for a couple more years. Kind regards On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet wrote: Good morning listers, Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations. Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA. We would like to hear your views on this: a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements? Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech... Over to you listers. -- Best regards. Liz. PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jkieti%40gmail.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. -- John Kieti Phone: +254-735-764242 // +254-722-764242 Twitter: @johnKieti [4] // Skype: jkieti Blog: gmeltdown.com [5] // LinkedIn: https://ke.linkedin.com/in/kieti The ordinary just won't do -- Best regards. Liz. PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/ Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/kivuva%40transworldafr... The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. Links: ------ [1] http://https://www.kenyanews.go.ke/taxi-drivers-protest-exploitation-by-hail... [2] mailto:ali@hussein.me.ke [3] mailto:billdian732@gmail.com [4] https://twitter.com/johnkieti [5] http://www.gmeltdown.com

Barrack, you make a lot of sense. A holistic approach has been mentioned by most contributors here. Perhaps this offers an opportunity for NTSA to reach out to different stakeholders and work out on the best rural and urban mobility strategies. @John Kieti <jkieti@gmail.com> , thank you for the link. We'll keep monitoring the developments. Btw, how many local digital hailing service companies do we have? Anyone? On Thu, Feb 13, 2020 at 1:25 PM Barrack Otieno via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear Kivuva,
Well said. One of the towns that had really localized Digital hailing is Nakuru. It appears the drivers have even formed an association. What NTSA may need to do is broaden the scope of stakeplayers to ensure they have the right experts at the table that is driving this conversation. Whereas many of us are weighing in on the issue, our big toes might not be hurting compared to the cab drivers. This article <http://https://www.kenyanews.go.ke/taxi-drivers-protest-exploitation-by-hailing-firms/> explains the challenges the drivers are facing.
Best regards
Barrack Otieno
On Monday, 10-02-2020 at 21:51 Mwendwa Kivuva via kictanet wrote:
Thank you Liz for these discussions.
My views are
1. The original idea of digital hailing apps was not to add new licence classes and regulations in our statutes but was to share free seats in personal cars. When driving along the city, I carry with me 4 empty seats. I take empty seats to Nairobi, and back. Next time while on the road, check the number of cars passing by ferrying only the driver - translating to more fuel used, more roads damaged, more traffic hours, more spare parts used, etc. Sharing that empty utility can save the country some good money, especially in foreign exchange (everything in cars is imported). The process of private citizens carrying other road users going in the same direction should be at the centre of digital hailing. It should be encouraged and promoted, Onboarding should be seamless, and cost-free, and private drivers SHOULD be allowed to participate. After all, we know our public transport system is broken and not as reliable. Public transport should be one area that the government gets correctly. It is easy to implement, and enforce. But we have refused. We want to thrive in chaos.
2. Foreign digital hailing apps should NOT be allowed to set-up shop in Kenya. We should not open up industries to foreigners that can be done perfectly by locals. You cannot have a digital hailing client, working tirelessly 365 days a year, earning, paying for the hailing service, and that capital goes to Dubai or California. You cannot have a digital hailing service investor paying a percentage of his income for the capital to fly abroad. Those are failed policies. Indeed, some Prevent capital flight for cottage industries. There is no value that foreign taxi-hailing apps bring to this economy rather than harvesting human capital. ______________________ Mwendwa Kivuva, Nairobi, Kenya https://www.linkedin.com/in/mwendwa-kivuva
On Mon, 10 Feb 2020 at 12:08, Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
The thing that these proposed Regulation is overlooking is the overarching need for a complete overhaul of our Public Transport System. Any mass transit system in the world cannot be left to the vagaries of the profit motive alone. This is where the rain started beating us down. When we killed Kenya Bus Services and allowed the matatu menace to run roughshod over us.
These new proposed regulations continue to perpetuate silo thinking not just in govt but in the private sector too.
Time ya kuamka. Masaa ina enda..
*Ali Hussein* +254 0713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
Sent from my iPad
On 10 Feb 2020, at 11:40 AM, Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali, Kieti and Bill.
@Ali Hussein <ali@hussein.me.ke> Indeed, we should regulate to grow the sector, not to kill it. From the public participation, it looks like vitu kwa ground is confusion/chaotic. The digital hailing service operators have not been engaging car owners and the government.
These regulations have also capped commission. The operators are supposed to charge commission to a cap of 15%. to protect the drivers from the effects of competition between the companies. A question though; how did the NTSA arrive at this percentage? Is it fair to cap profits? What are the effects in the industry?
@kieti you raise very valid points. Taxing the vehicle owners and drivers might not be timely. How about the multinationals? Because not imposing tax on them also exposes local companies which are already paying taxes to unfair competition.
@Bill Dian <billdian732@gmail.com>, ill through these questions to fellow listers.
1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models?
2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c?
3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors?
4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy?
On Mon, Feb 10, 2020 at 11:26 AM John Kieti <jkieti@gmail.com> wrote:
Hello,
From the apparent justifications for the regulations, I think some issues are being conflated, unfortunately. I am thinking at least 3 issues exist and could be dealt with separately.
1. *Accidents and crime *- Might it help to broaden the regulations to cover normal offline taxis. If anything digital taxi-hailing provides increased possibility for passenger safety than normal taxis. It seems pointless to provide a fix for what is not really broken. 2.* Owners / Drivers / Operator feuding on commercials* - These ideally should be maintained as commercial leasing agreements (drivers with owners) and marketing service agreements (Drivers with operators). The employer-employee narrative misses the point on the platform economy where actors should be considered autonomous and responsive to the market forces. 3. *Tax evasion and revenue collection - *This seems to be the main thrust of the regulations. To check on tax evasion by operators - Uber, Bolt, etc is welcome and timely. Legal technicalities on tax avoidance will remain. To squeeze out more taxes and fees from drivers and vehicle owners is fair - not sure about timely - If it were me, I would let the gig economy grow roots first, for a couple more years.
Kind regards
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jkieti%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
--
John Kieti Phone: +254-735-764242 // +254-722-764242 Twitter: @johnKieti <https://twitter.com/johnkieti> // Skype: jkieti Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn: https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti>
The ordinary just won't do
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/kivuva%40transworldafr...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/lizorembo%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
-- Best regards. Liz. PGP ID: 0x1F3488BF

I totally agree with Ali on this last point. Kenya does not have "Public Transport" per se - we have privately provided public transport. We've had this messy system provide transport to the public until sometimes we forget there are better systems out there - we only recognize how messy our system is (or the lack of it) when we are in small European nations or some East Asian countries. NTSA like @Kieti says seem very much in this for revenue collection not for safety purposes or any other thing that they have stated. If it was safety that Matatu that plies from Prestige to Yaya with a gang of mobile phone thieves would have been stopped by now. I trust the Ubers and the Bolts to ensure safety because it is part of the offering that will keep their revenues alive. I think government regulatory bodies should take more of a think-tank approach where they set a broad set of standards for compliance for any private company that is providing transport services. So that whether I am doing Safe Boda or Uber or NTVRS or Transline or a TUK Tuk in Mombasa I know there is a limit of time to when myself/my drivers have to be on the wheel... I know there is data I have to collect to comply with safety requirements... I know that there is tax or other levy contribution I need to make to keep the roads usable... Such compliance standards should be so general they won't have to change them when Kenya/Nairobi has trams or has a metro (powered by wind energy from Ngong hills) This circus of "Tutatoa pesa wapi?" then someone says "Na hawa akina Uber hawawezi toka kitu?" is too much and has to end. With kind regards Jeipea Believe in yourself then you can change your world ____________________________________________ Skype: john.paul.em Cell: +254735586956 On Mon, Feb 10, 2020 at 12:10 PM Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
The thing that these proposed Regulation is overlooking is the overarching need for a complete overhaul of our Public Transport System. Any mass transit system in the world cannot be left to the vagaries of the profit motive alone. This is where the rain started beating us down. When we killed Kenya Bus Services and allowed the matatu menace to run roughshod over us.
These new proposed regulations continue to perpetuate silo thinking not just in govt but in the private sector too.
Time ya kuamka. Masaa ina enda..
*Ali Hussein* +254 0713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
Sent from my iPad
On 10 Feb 2020, at 11:40 AM, Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali, Kieti and Bill.
@Ali Hussein <ali@hussein.me.ke> Indeed, we should regulate to grow the sector, not to kill it. From the public participation, it looks like vitu kwa ground is confusion/chaotic. The digital hailing service operators have not been engaging car owners and the government.
These regulations have also capped commission. The operators are supposed to charge commission to a cap of 15%. to protect the drivers from the effects of competition between the companies. A question though; how did the NTSA arrive at this percentage? Is it fair to cap profits? What are the effects in the industry?
@kieti you raise very valid points. Taxing the vehicle owners and drivers might not be timely. How about the multinationals? Because not imposing tax on them also exposes local companies which are already paying taxes to unfair competition.
@Bill Dian <billdian732@gmail.com>, ill through these questions to fellow listers.
1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models?
2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c?
3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors?
4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy?
On Mon, Feb 10, 2020 at 11:26 AM John Kieti <jkieti@gmail.com> wrote:
Hello,
From the apparent justifications for the regulations, I think some issues are being conflated, unfortunately. I am thinking at least 3 issues exist and could be dealt with separately.
1. *Accidents and crime *- Might it help to broaden the regulations to cover normal offline taxis. If anything digital taxi-hailing provides increased possibility for passenger safety than normal taxis. It seems pointless to provide a fix for what is not really broken. 2.* Owners / Drivers / Operator feuding on commercials* - These ideally should be maintained as commercial leasing agreements (drivers with owners) and marketing service agreements (Drivers with operators). The employer-employee narrative misses the point on the platform economy where actors should be considered autonomous and responsive to the market forces. 3. *Tax evasion and revenue collection - *This seems to be the main thrust of the regulations. To check on tax evasion by operators - Uber, Bolt, etc is welcome and timely. Legal technicalities on tax avoidance will remain. To squeeze out more taxes and fees from drivers and vehicle owners is fair - not sure about timely - If it were me, I would let the gig economy grow roots first, for a couple more years.
Kind regards
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jkieti%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
--
John Kieti Phone: +254-735-764242 // +254-722-764242 Twitter: @johnKieti <https://twitter.com/johnkieti> // Skype: jkieti Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn: https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti>
The ordinary just won't do
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/johnpaulem%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

Thank you Kivuva and Arya for your additional contributions. @kivuva, You raise a very valid point. Carpooling was the initial idea of uber and the car owner business model was the unintended outcome, offering people alternative income, and shifted a big part of the traditional taxi industry to digitally hailed taxis. Current situation is that people took loans to own cars and are working day and night just like any other taxi guy. So how can we make the carpooling idea work for Kenya to ease out the traffic? @listers, this thread is still open. Feel free to jump in the discussions even as we go into the day 2 topic. Happy holiday! On Mon, Feb 10, 2020, 22:06 Arya Jeipea Karijo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
I totally agree with Ali on this last point.
Kenya does not have "Public Transport" per se - we have privately provided public transport. We've had this messy system provide transport to the public until sometimes we forget there are better systems out there - we only recognize how messy our system is (or the lack of it) when we are in small European nations or some East Asian countries.
NTSA like @Kieti says seem very much in this for revenue collection not for safety purposes or any other thing that they have stated. If it was safety that Matatu that plies from Prestige to Yaya with a gang of mobile phone thieves would have been stopped by now.
I trust the Ubers and the Bolts to ensure safety because it is part of the offering that will keep their revenues alive.
I think government regulatory bodies should take more of a think-tank approach where they set a broad set of standards for compliance for any private company that is providing transport services. So that whether I am doing Safe Boda or Uber or NTVRS or Transline or a TUK Tuk in Mombasa I know there is a limit of time to when myself/my drivers have to be on the wheel... I know there is data I have to collect to comply with safety requirements... I know that there is tax or other levy contribution I need to make to keep the roads usable...
Such compliance standards should be so general they won't have to change them when Kenya/Nairobi has trams or has a metro (powered by wind energy from Ngong hills) This circus of "Tutatoa pesa wapi?" then someone says "Na hawa akina Uber hawawezi toka kitu?" is too much and has to end.
With kind regards
Jeipea
Believe in yourself then you can change your world
____________________________________________ Skype: john.paul.em Cell: +254735586956
On Mon, Feb 10, 2020 at 12:10 PM Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
The thing that these proposed Regulation is overlooking is the overarching need for a complete overhaul of our Public Transport System. Any mass transit system in the world cannot be left to the vagaries of the profit motive alone. This is where the rain started beating us down. When we killed Kenya Bus Services and allowed the matatu menace to run roughshod over us.
These new proposed regulations continue to perpetuate silo thinking not just in govt but in the private sector too.
Time ya kuamka. Masaa ina enda..
*Ali Hussein* +254 0713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
Sent from my iPad
On 10 Feb 2020, at 11:40 AM, Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali, Kieti and Bill.
@Ali Hussein <ali@hussein.me.ke> Indeed, we should regulate to grow the sector, not to kill it. From the public participation, it looks like vitu kwa ground is confusion/chaotic. The digital hailing service operators have not been engaging car owners and the government.
These regulations have also capped commission. The operators are supposed to charge commission to a cap of 15%. to protect the drivers from the effects of competition between the companies. A question though; how did the NTSA arrive at this percentage? Is it fair to cap profits? What are the effects in the industry?
@kieti you raise very valid points. Taxing the vehicle owners and drivers might not be timely. How about the multinationals? Because not imposing tax on them also exposes local companies which are already paying taxes to unfair competition.
@Bill Dian <billdian732@gmail.com>, ill through these questions to fellow listers.
1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models?
2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c?
3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors?
4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy?
On Mon, Feb 10, 2020 at 11:26 AM John Kieti <jkieti@gmail.com> wrote:
Hello,
From the apparent justifications for the regulations, I think some issues are being conflated, unfortunately. I am thinking at least 3 issues exist and could be dealt with separately.
1. *Accidents and crime *- Might it help to broaden the regulations to cover normal offline taxis. If anything digital taxi-hailing provides increased possibility for passenger safety than normal taxis. It seems pointless to provide a fix for what is not really broken. 2.* Owners / Drivers / Operator feuding on commercials* - These ideally should be maintained as commercial leasing agreements (drivers with owners) and marketing service agreements (Drivers with operators). The employer-employee narrative misses the point on the platform economy where actors should be considered autonomous and responsive to the market forces. 3. *Tax evasion and revenue collection - *This seems to be the main thrust of the regulations. To check on tax evasion by operators - Uber, Bolt, etc is welcome and timely. Legal technicalities on tax avoidance will remain. To squeeze out more taxes and fees from drivers and vehicle owners is fair - not sure about timely - If it were me, I would let the gig economy grow roots first, for a couple more years.
Kind regards
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jkieti%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
--
John Kieti Phone: +254-735-764242 // +254-722-764242 Twitter: @johnKieti <https://twitter.com/johnkieti> // Skype: jkieti Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn: https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti>
The ordinary just won't do
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/johnpaulem%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/lizorembo%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

Hello, I echo the point raised by Mwendwa. The cost to the economy of congestion on the roads with thousands of one passenger cars may not he comparable to the revenues that NTSA and others are targeting if the essense of car pooling is reinforced in the regulations. Meanwhile Uber appears to be compiling its own response here (may be worth our perusal) https://m.box.com/shared_item/https%3A%2F%2Fuber.app.box.com%2Fs%2Ftrxee5suk... Kind regards. On Tue, Feb 11, 2020, 11:41 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Kivuva and Arya for your additional contributions.
@kivuva, You raise a very valid point. Carpooling was the initial idea of uber and the car owner business model was the unintended outcome, offering people alternative income, and shifted a big part of the traditional taxi industry to digitally hailed taxis. Current situation is that people took loans to own cars and are working day and night just like any other taxi guy. So how can we make the carpooling idea work for Kenya to ease out the traffic?
@listers, this thread is still open. Feel free to jump in the discussions even as we go into the day 2 topic.
Happy holiday!
On Mon, Feb 10, 2020, 22:06 Arya Jeipea Karijo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
I totally agree with Ali on this last point.
Kenya does not have "Public Transport" per se - we have privately provided public transport. We've had this messy system provide transport to the public until sometimes we forget there are better systems out there - we only recognize how messy our system is (or the lack of it) when we are in small European nations or some East Asian countries.
NTSA like @Kieti says seem very much in this for revenue collection not for safety purposes or any other thing that they have stated. If it was safety that Matatu that plies from Prestige to Yaya with a gang of mobile phone thieves would have been stopped by now.
I trust the Ubers and the Bolts to ensure safety because it is part of the offering that will keep their revenues alive.
I think government regulatory bodies should take more of a think-tank approach where they set a broad set of standards for compliance for any private company that is providing transport services. So that whether I am doing Safe Boda or Uber or NTVRS or Transline or a TUK Tuk in Mombasa I know there is a limit of time to when myself/my drivers have to be on the wheel... I know there is data I have to collect to comply with safety requirements... I know that there is tax or other levy contribution I need to make to keep the roads usable...
Such compliance standards should be so general they won't have to change them when Kenya/Nairobi has trams or has a metro (powered by wind energy from Ngong hills) This circus of "Tutatoa pesa wapi?" then someone says "Na hawa akina Uber hawawezi toka kitu?" is too much and has to end.
With kind regards
Jeipea
Believe in yourself then you can change your world
____________________________________________ Skype: john.paul.em Cell: +254735586956
On Mon, Feb 10, 2020 at 12:10 PM Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
The thing that these proposed Regulation is overlooking is the overarching need for a complete overhaul of our Public Transport System. Any mass transit system in the world cannot be left to the vagaries of the profit motive alone. This is where the rain started beating us down. When we killed Kenya Bus Services and allowed the matatu menace to run roughshod over us.
These new proposed regulations continue to perpetuate silo thinking not just in govt but in the private sector too.
Time ya kuamka. Masaa ina enda..
*Ali Hussein* +254 0713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim
"We are what we repeatedly do. Excellence, therefore, is not an act but a habit." ~ Aristotle
Sent from my iPad
On 10 Feb 2020, at 11:40 AM, Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Ali, Kieti and Bill.
@Ali Hussein <ali@hussein.me.ke> Indeed, we should regulate to grow the sector, not to kill it. From the public participation, it looks like vitu kwa ground is confusion/chaotic. The digital hailing service operators have not been engaging car owners and the government.
These regulations have also capped commission. The operators are supposed to charge commission to a cap of 15%. to protect the drivers from the effects of competition between the companies. A question though; how did the NTSA arrive at this percentage? Is it fair to cap profits? What are the effects in the industry?
@kieti you raise very valid points. Taxing the vehicle owners and drivers might not be timely. How about the multinationals? Because not imposing tax on them also exposes local companies which are already paying taxes to unfair competition.
@Bill Dian <billdian732@gmail.com>, ill through these questions to fellow listers.
1.What does the Kenyan law say on employees and independent contractors,with the disruption of traditional employment models?
2 The new regulations require digital service operators to operate under Kenya laws,does Labor Laws apply?drivers have in the past complained of lack of representation when deactivated,lack of consultations on price fixing e.t.c?
3.What effect does the regulations have on Data protection,specifically data retention .For instance,the regulations require operators to maintain personal data for period of 3 years,will the operators be required to obtain authorization from Data Commissioner,since they are Data controllers and data processors?
4.What effect does the new regulations have on the model of the gig economy?Does it rip off the independence and flexibility characterised by the gig economy?
On Mon, Feb 10, 2020 at 11:26 AM John Kieti <jkieti@gmail.com> wrote:
Hello,
From the apparent justifications for the regulations, I think some issues are being conflated, unfortunately. I am thinking at least 3 issues exist and could be dealt with separately.
1. *Accidents and crime *- Might it help to broaden the regulations to cover normal offline taxis. If anything digital taxi-hailing provides increased possibility for passenger safety than normal taxis. It seems pointless to provide a fix for what is not really broken. 2.* Owners / Drivers / Operator feuding on commercials* - These ideally should be maintained as commercial leasing agreements (drivers with owners) and marketing service agreements (Drivers with operators). The employer-employee narrative misses the point on the platform economy where actors should be considered autonomous and responsive to the market forces. 3. *Tax evasion and revenue collection - *This seems to be the main thrust of the regulations. To check on tax evasion by operators - Uber, Bolt, etc is welcome and timely. Legal technicalities on tax avoidance will remain. To squeeze out more taxes and fees from drivers and vehicle owners is fair - not sure about timely - If it were me, I would let the gig economy grow roots first, for a couple more years.
Kind regards
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jkieti%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
--
John Kieti Phone: +254-735-764242 // +254-722-764242 Twitter: @johnKieti <https://twitter.com/johnkieti> // Skype: jkieti Blog: gmeltdown.com <http://www.gmeltdown.com> // LinkedIn: https://ke.linkedin.com/in/*kieti* <https://ke.linkedin.com/in/kieti>
The ordinary just won't do
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/johnpaulem%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/lizorembo%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/jkieti%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

On Tue, Feb 11, 2020, 9:11 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Kivuva and Arya for your additional contributions.
@kivuva, You raise a very valid point. Carpooling was the initial idea of uber and the car owner business model was the unintended outcome, offering people alternative income, and shifted a big part of the traditional taxi industry to digitally hailed taxis. Current situation is that people took loans to own cars and are working day and night just like any other taxi guy.
This discussion has nothing to do with loans and private investors making bad financial decisions. In economics, garbage collecting is inevitable. Those with no proper use for their capital will loose it in dubious investments So how can we make the carpooling idea work for Kenya to ease out the
traffic?
Simple. Allow drivers ferrying empty seats to load them with humans, and don't legislate stringent measures that make that impossible. In fact, NTSA should pay private car owners to donate those empty seats for public transport decongestion. There are countries in this world where public transport is free. Movement of people leads to economic growth.

Dear Liz and Colleagues, Apologies for coming late into the conversation. It is timely. I am curious to get feedback from anyone who engaged in the Stakeholder engagement meeting what the issues were. I believe this is a timely conversation since mobility (I deliberately refuse to use the term transport) is key to the prosperity of any economy. I use the term mobility because the hailing services have gradually shifted to Motorcycles, then Bicycles (the guys who supply food Uber Eats etc). I see many cabs on the hailing platforms floating all over the highways, could there be an over supply?, could there be a skewed supply (Urban, Peri-Urban Rural). Without intentional Citizens may burn their fingers Investing in a Sector whose returns are minimal. Remember more than 100,000 Cars were imported at the end of the year causing a logistical nightmare at the port. A significant number of this cars were deployed to hailing services. In short if the sector is not regulated we are certainly leaving room for the kind of chaos we have witnessed in the Boda Boda Space. My thoughts are we need a holistic conversation on mobility as a Nation and how we can leverage technology to meet our mobility needs. The conversation should not be dictated by the Multinationals that have become successful due to availability of venture capital or facilities that enable them to own smart devices thus creating a fertile ground for hailing services to thrive. We also need to pay attention to the challenges local operators have faced. Listening to a number of hailing service operators, there seems to be a problem, they are not getting a return on investment, they are always risking their lives working long ours to meet their targets and endangering their lives and their passengers lives to list a few issues i have heard. In summary, this is a timely conversation, NTSA is the right body to convene stakeholders, the conversation needs to be driven by Research. On Wed, Feb 12, 2020 at 12:01 AM Mwendwa Kivuva via kictanet < kictanet@lists.kictanet.or.ke> wrote:
On Tue, Feb 11, 2020, 9:11 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Thank you Kivuva and Arya for your additional contributions.
@kivuva, You raise a very valid point. Carpooling was the initial idea of uber and the car owner business model was the unintended outcome, offering people alternative income, and shifted a big part of the traditional taxi industry to digitally hailed taxis. Current situation is that people took loans to own cars and are working day and night just like any other taxi guy.
This discussion has nothing to do with loans and private investors making bad financial decisions. In economics, garbage collecting is inevitable. Those with no proper use for their capital will loose it in dubious investments
So how can we make the carpooling idea work for Kenya to ease out the
traffic?
Simple. Allow drivers ferrying empty seats to load them with humans, and don't legislate stringent measures that make that impossible. In fact, NTSA should pay private car owners to donate those empty seats for public transport decongestion. There are countries in this world where public transport is free. Movement of people leads to economic growth. _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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Dear Listers, SWVL is trending on Twitter.The views expressed shed some light on what people on the ground think. Below are a few: Maureen @MohNderitu Cartels are real. The owners of matatu's have felt the pinch and instead of a fair fight in competition, they use power to terminate #swvl. Axelrod @TheWainaina I hate the fact that startups are increasingly being taken out of business by regulation -SportPesa -Swvl - Bike hailing companies in Nigeria. Are startups immune to regulation? No. Government, should however not kill innovation. Time for regulatory sandbox across industry Nyina Wa Búrúri @Spazbender The government should waive all costs for SWVL. They should be allowed to operate all the routes they want to as long as all their vehicles are registered and they can always show where their vehicles are at any given time. Matatus are chaotic, SWVL brings order & sanity. Problem Solver @MtatuziWaShida Replying to @dailynation Kenya will remain a third world country until it's death if it does not embrace technology. Swvl is one way to make Nairobi a smart city. Problem is we don't have a visionary leadership. Only short sighted clowns. J Nderi @nderi_j Headline reads "NTSA wants Swvl chief executive prosecuted." Headline should read "NTSA fights development"... Gathu @GathuNjogu “Traditionally an operator is licensed to operate at a particular route but Swvl wants to operate in a manner that they can go anywhere," said NTSA's Licensing Manager Jackson Mutua... @ntsa_kenya its 2020 but we still want to use traditional methods eeh? Secular Kenyan 🇰🇪 @Secular_Kenyan The only problem facing #swvl is that they're not providing a platform for NTSA and Kenya police officers to collect their 50/- 69 @__Mutuku Lets be real, this isn't about operating illegally in the country. The Matatu system is so rotten and those @ntsa_kenya & the traffic commandant are used to receiving lot's of money from the saccos. Anyway their day is coming and I can't wait! George Gachara @Gachara Swvl, Uber, Airbnb, Mpesa, Netflix, Drones etc., are part of new digital biz models that most of our laws & institutions are unable to acknowledge. Intelligent interaction is needed @mucheru @ntsa_kenya @NairobiCityGov | NTSA wants Swvl boss prosecuted Tinah© @tinahalmah If @ntsa_kenya kenya burns swvl there is gonna be a problem.its just like Uber, bolts and little cab for crying out loud.. Angie M @thoggy33 @ntsa_kenya what you're trying to do to SWVL is Shameful! You are not a Cartel for Matatu's... Stop Behaving Like One! Regards, Mildred Achoch. Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

There is a fascinating study in today’s business daily that has the surprising statistic that out of 31 cities Nairobi is dead last in theme of mobility https://www.businessdailyafrica.com/datahub/Why-Nairobians-stick-to-their-ca... This should be the sort of thing NTSA should be tacking from a lens of holistic policy making rather than what seems to be a focus on regulation and revenue Any measure to reduce vehicles on the road is a benefit from whatever metric - pollution, cost, efficiency, wear and tear of infrastructure, accidents, man hours etc If therefore is surprising that the very same paper has this story calling for the arrest of the CEO digital shuttle SWVL under the guise ‘of operating licenses’ https://www.businessdailyafrica.com/corporate/tech/NTSA-wants-Swvl-chief-exe... The bigger question I guess is in exactly whose interest does the NTSA operate? On Wed, 19 Feb 2020 at 11:29, Mildred Achoch via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,
SWVL is trending on Twitter.The views expressed shed some light on what people on the ground think. Below are a few:
Maureen @MohNderitu Cartels are real. The owners of matatu's have felt the pinch and instead of a fair fight in competition, they use power to terminate #swvl.
Axelrod @TheWainaina I hate the fact that startups are increasingly being taken out of business by regulation -SportPesa -Swvl - Bike hailing companies in Nigeria. Are startups immune to regulation? No. Government, should however not kill innovation. Time for regulatory sandbox across industry
Nyina Wa Búrúri @Spazbender The government should waive all costs for SWVL. They should be allowed to operate all the routes they want to as long as all their vehicles are registered and they can always show where their vehicles are at any given time. Matatus are chaotic, SWVL brings order & sanity.
Problem Solver @MtatuziWaShida Replying to @dailynation Kenya will remain a third world country until it's death if it does not embrace technology. Swvl is one way to make Nairobi a smart city. Problem is we don't have a visionary leadership. Only short sighted clowns.
J Nderi @nderi_j Headline reads "NTSA wants Swvl chief executive prosecuted." Headline should read "NTSA fights development"...
Gathu @GathuNjogu “Traditionally an operator is licensed to operate at a particular route but Swvl wants to operate in a manner that they can go anywhere," said NTSA's Licensing Manager Jackson Mutua... @ntsa_kenya its 2020 but we still want to use traditional methods eeh?
Secular Kenyan 🇰🇪 @Secular_Kenyan The only problem facing #swvl is that they're not providing a platform for NTSA and Kenya police officers to collect their 50/-
69 @__Mutuku Lets be real, this isn't about operating illegally in the country. The Matatu system is so rotten and those @ntsa_kenya & the traffic commandant are used to receiving lot's of money from the saccos. Anyway their day is coming and I can't wait!
George Gachara @Gachara Swvl, Uber, Airbnb, Mpesa, Netflix, Drones etc., are part of new digital biz models that most of our laws & institutions are unable to acknowledge. Intelligent interaction is needed @mucheru @ntsa_kenya @NairobiCityGov | NTSA wants Swvl boss prosecuted
Tinah© @tinahalmah If @ntsa_kenya kenya burns swvl there is gonna be a problem.its just like Uber, bolts and little cab for crying out loud..
Angie M @thoggy33 @ntsa_kenya what you're trying to do to SWVL is Shameful! You are not a Cartel for Matatu's... Stop Behaving Like One!
Regards, Mildred Achoch.
Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/conradakunga%40gmail.c...
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

#VituKwaGround *Ali Hussein* Tel: +254 713 601113 Twitter: @AliHKassim Skype: abu-jomo LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with. On Wed, Feb 19, 2020 at 11:27 AM Mildred Achoch via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,
SWVL is trending on Twitter.The views expressed shed some light on what people on the ground think. Below are a few:
Maureen @MohNderitu Cartels are real. The owners of matatu's have felt the pinch and instead of a fair fight in competition, they use power to terminate #swvl.
Axelrod @TheWainaina I hate the fact that startups are increasingly being taken out of business by regulation -SportPesa -Swvl - Bike hailing companies in Nigeria. Are startups immune to regulation? No. Government, should however not kill innovation. Time for regulatory sandbox across industry
Nyina Wa Búrúri @Spazbender The government should waive all costs for SWVL. They should be allowed to operate all the routes they want to as long as all their vehicles are registered and they can always show where their vehicles are at any given time. Matatus are chaotic, SWVL brings order & sanity.
Problem Solver @MtatuziWaShida Replying to @dailynation Kenya will remain a third world country until it's death if it does not embrace technology. Swvl is one way to make Nairobi a smart city. Problem is we don't have a visionary leadership. Only short sighted clowns.
J Nderi @nderi_j Headline reads "NTSA wants Swvl chief executive prosecuted." Headline should read "NTSA fights development"...
Gathu @GathuNjogu “Traditionally an operator is licensed to operate at a particular route but Swvl wants to operate in a manner that they can go anywhere," said NTSA's Licensing Manager Jackson Mutua... @ntsa_kenya its 2020 but we still want to use traditional methods eeh?
Secular Kenyan 🇰🇪 @Secular_Kenyan The only problem facing #swvl is that they're not providing a platform for NTSA and Kenya police officers to collect their 50/-
69 @__Mutuku Lets be real, this isn't about operating illegally in the country. The Matatu system is so rotten and those @ntsa_kenya & the traffic commandant are used to receiving lot's of money from the saccos. Anyway their day is coming and I can't wait!
George Gachara @Gachara Swvl, Uber, Airbnb, Mpesa, Netflix, Drones etc., are part of new digital biz models that most of our laws & institutions are unable to acknowledge. Intelligent interaction is needed @mucheru @ntsa_kenya @NairobiCityGov | NTSA wants Swvl boss prosecuted
Tinah© @tinahalmah If @ntsa_kenya kenya burns swvl there is gonna be a problem.its just like Uber, bolts and little cab for crying out loud..
Angie M @thoggy33 @ntsa_kenya what you're trying to do to SWVL is Shameful! You are not a Cartel for Matatu's... Stop Behaving Like One!
Regards, Mildred Achoch.
Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

We need someone like with Michuki fists to deal with the Matatu cartels. I don't know who came up with the idea of Matatu routes. People want the most direct routes, if possible avoid town, eg from eastlands to Westlands, or to upperhill. This will also ease Traffic. SWVL's model offers the best alternative so far. On Wed, Feb 19, 2020, 16:08 Ali Hussein via kictanet < kictanet@lists.kictanet.or.ke> wrote:
#VituKwaGround
*Ali Hussein*
Tel: +254 713 601113
Twitter: @AliHKassim
Skype: abu-jomo
LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim>
Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Wed, Feb 19, 2020 at 11:27 AM Mildred Achoch via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,
SWVL is trending on Twitter.The views expressed shed some light on what people on the ground think. Below are a few:
Maureen @MohNderitu Cartels are real. The owners of matatu's have felt the pinch and instead of a fair fight in competition, they use power to terminate #swvl.
Axelrod @TheWainaina I hate the fact that startups are increasingly being taken out of business by regulation -SportPesa -Swvl - Bike hailing companies in Nigeria. Are startups immune to regulation? No. Government, should however not kill innovation. Time for regulatory sandbox across industry
Nyina Wa Búrúri @Spazbender The government should waive all costs for SWVL. They should be allowed to operate all the routes they want to as long as all their vehicles are registered and they can always show where their vehicles are at any given time. Matatus are chaotic, SWVL brings order & sanity.
Problem Solver @MtatuziWaShida Replying to @dailynation Kenya will remain a third world country until it's death if it does not embrace technology. Swvl is one way to make Nairobi a smart city. Problem is we don't have a visionary leadership. Only short sighted clowns.
J Nderi @nderi_j Headline reads "NTSA wants Swvl chief executive prosecuted." Headline should read "NTSA fights development"...
Gathu @GathuNjogu “Traditionally an operator is licensed to operate at a particular route but Swvl wants to operate in a manner that they can go anywhere," said NTSA's Licensing Manager Jackson Mutua... @ntsa_kenya its 2020 but we still want to use traditional methods eeh?
Secular Kenyan 🇰🇪 @Secular_Kenyan The only problem facing #swvl is that they're not providing a platform for NTSA and Kenya police officers to collect their 50/-
69 @__Mutuku Lets be real, this isn't about operating illegally in the country. The Matatu system is so rotten and those @ntsa_kenya & the traffic commandant are used to receiving lot's of money from the saccos. Anyway their day is coming and I can't wait!
George Gachara @Gachara Swvl, Uber, Airbnb, Mpesa, Netflix, Drones etc., are part of new digital biz models that most of our laws & institutions are unable to acknowledge. Intelligent interaction is needed @mucheru @ntsa_kenya @NairobiCityGov | NTSA wants Swvl boss prosecuted
Tinah© @tinahalmah If @ntsa_kenya kenya burns swvl there is gonna be a problem.its just like Uber, bolts and little cab for crying out loud..
Angie M @thoggy33 @ntsa_kenya what you're trying to do to SWVL is Shameful! You are not a Cartel for Matatu's... Stop Behaving Like One!
Regards, Mildred Achoch.
Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
PGP ID: 0x1F3488BF _______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/mildandred%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/info%40alyhussein.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
Unsubscribe or change your options at https://lists.kictanet.or.ke/mailman/options/kictanet/lizorembo%40gmail.com
The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

Hi Liz & all, Sincere apologies for coming in late. With the recent discussions on SWVL and how it has revolutionized the public transport industry, a lot can be done by all policy stakeholders. Perhaps the regulations would have made room for an ad-hoc committee of sorts to interact with digital mobility services on a periodic basis in the usual catch uo between regulation and technology. That being said, the NYS bus service was a perfect opportunity to integrate digital mobility while giving consideration to financial inclusivity to provide a progressive public transport system. It is noteworthy that the ongoing debate against SWVL tends to focus on the fact that it is somewhat 'expensive' Secondly the regulations may have also considered controlling the extent to which user data may be processed for planning & commercial purposes within reasonable terms while looking towards Nairobi being and reaping the benefits of a Smart Capital City. All the same they are commendable and one cannot reiterate enough what Barrack mentioned that: "We need a holistic conversation on mobility as a Nation and how we can leverage technology to meet our mobility needs while paying attention to the unique local circumstances and challenges faced by operators and users alike" Kind regards, William (Bill) Mathenge Trainee Advocate On Wed, Feb 19, 2020 at 8:11 PM Liz Orembo via kictanet <kictanet@lists.kictanet.or.ke> wrote:
We need someone like with Michuki fists to deal with the Matatu cartels.
I don't know who came up with the idea of Matatu routes. People want the most direct routes, if possible avoid town, eg from eastlands to Westlands, or to upperhill. This will also ease Traffic.
SWVL's model offers the best alternative so far.
On Wed, Feb 19, 2020, 16:08 Ali Hussein via kictanet <kictanet@lists.kictanet.or.ke> wrote:
#VituKwaGround
Ali Hussein
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Any information of a personal nature expressed in this email are purely mine and do not necessarily reflect the official positions of the organizations that I work with.
On Wed, Feb 19, 2020 at 11:27 AM Mildred Achoch via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Dear Listers,
SWVL is trending on Twitter.The views expressed shed some light on what people on the ground think. Below are a few:
Maureen @MohNderitu Cartels are real. The owners of matatu's have felt the pinch and instead of a fair fight in competition, they use power to terminate #swvl.
Axelrod @TheWainaina I hate the fact that startups are increasingly being taken out of business by regulation -SportPesa -Swvl - Bike hailing companies in Nigeria. Are startups immune to regulation? No. Government, should however not kill innovation. Time for regulatory sandbox across industry
Nyina Wa Búrúri @Spazbender The government should waive all costs for SWVL. They should be allowed to operate all the routes they want to as long as all their vehicles are registered and they can always show where their vehicles are at any given time. Matatus are chaotic, SWVL brings order & sanity.
Problem Solver @MtatuziWaShida Replying to @dailynation Kenya will remain a third world country until it's death if it does not embrace technology. Swvl is one way to make Nairobi a smart city. Problem is we don't have a visionary leadership. Only short sighted clowns.
J Nderi @nderi_j Headline reads "NTSA wants Swvl chief executive prosecuted." Headline should read "NTSA fights development"...
Gathu @GathuNjogu “Traditionally an operator is licensed to operate at a particular route but Swvl wants to operate in a manner that they can go anywhere," said NTSA's Licensing Manager Jackson Mutua... @ntsa_kenya its 2020 but we still want to use traditional methods eeh?
Secular Kenyan 🇰🇪 @Secular_Kenyan The only problem facing #swvl is that they're not providing a platform for NTSA and Kenya police officers to collect their 50/-
69 @__Mutuku Lets be real, this isn't about operating illegally in the country. The Matatu system is so rotten and those @ntsa_kenya & the traffic commandant are used to receiving lot's of money from the saccos. Anyway their day is coming and I can't wait!
George Gachara @Gachara Swvl, Uber, Airbnb, Mpesa, Netflix, Drones etc., are part of new digital biz models that most of our laws & institutions are unable to acknowledge. Intelligent interaction is needed @mucheru @ntsa_kenya @NairobiCityGov | NTSA wants Swvl boss prosecuted
Tinah© @tinahalmah If @ntsa_kenya kenya burns swvl there is gonna be a problem.its just like Uber, bolts and little cab for crying out loud..
Angie M @thoggy33 @ntsa_kenya what you're trying to do to SWVL is Shameful! You are not a Cartel for Matatu's... Stop Behaving Like One!
Regards, Mildred Achoch.
Check out the Rock 'n' roll film festival, Kenya TV Channel! http://kenyarockfilmfestivaljournal.blogspot.com
On Mon, Feb 10, 2020 at 9:10 AM Liz Orembo via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Good morning listers,
Today we will talk about Digital Hailing Services Regulations and the licensing of the Service Operators under part 1 of the regulations.
Looking at the document, it seems like the NTSA is trying to regulate the industry following the recent incidents that have come up: eg accidents, assisted crimes and digital taxi drivers woes. These regulations will require any digital hailing services; Uber, Bolt, and Swivl, to register in Kenya and operate under the Kenyan laws. They will also obtain operating licences from the NTSA.
We would like to hear your views on this:
a. Are the regulations necessary? b. Is NTSA the right/best body to regulate Digital Hailing Transport Services? c. What are the likely impacts in the transport industry, Information Society Sector and gig economy? etc d. Should multinationals be subjected to different licensing requirements?
Here are some resources to guide our discussions. 1. Bolt, uber among taxi apps ordered to get licences or get off road. https://www.the-star.co.ke/news/2020-02-04-uber-bolt-among-taxi-apps-ordered... 2. Can California reign tech-gig platforms? A primer on the bold state law that will try. https://www.washingtonpost.com/business/2020/01/14/can-california-reign-tech...
Over to you listers.
--
Best regards. Liz.
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
_______________________________________________ kictanet mailing list kictanet@lists.kictanet.or.ke https://lists.kictanet.or.ke/mailman/listinfo/kictanet Twitter: http://twitter.com/kictanet Facebook: https://www.facebook.com/KICTANet/
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.
participants (11)
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Ali Hussein
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Arya Jeipea Karijo
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Barrack Otieno
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Barrack Otieno
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Bill Dian
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John Kieti
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Liz Orembo
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Mildred Achoch
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Mwendwa Kivuva
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Rad!
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william mathenge