Kenya High Court Strikes Down 18% Ride-Hailing Commission Cap
Kenya's High Court has struck down the government's 18 percent commission cap on ride-hailing platforms, resetting gig-economy regulation and platform economics across the country. The ruling removes a key regulatory constraint that had been contested by platform operators and reshapes the legal framework governing driver-platform relationships in Kenya.
Kenya Gig Rules: the court didn't kill driver protection — it raised the bar for doing it properly
The 18% commission cap wasn't arbitrary. It came after drivers took to the streets in Nairobi protesting platform cuts of 25% or more — a real grievance, backed by real hardship.
The High Court didn't dispute that. It found the government had simply never done the work: no economic evidence that 18% was the right number, no assessment of what the rule would actually do, no proper public process. A price control imposed on how private parties contract requires justification, and the state couldn't produce one.
That's a harder problem for drivers than it looks. Protection is still possible — the court left the door open for a future rule — but the government now has to prove its case before imposing it. Given how slowly Kenya's regulatory process moves, that 12-month window to rebuild the framework is tight.
With new entrants reshaping the market and fare floor proposals already rejected by consumers, the pressure on drivers isn't going anywhere. The question is whether the government can do the work this time — or whether 'we'll regulate properly' becomes an indefinite delay dressed as due process.
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- Kenya’s 18% ride-hailing commission cap falls as court challenges government’s regulatory approach · techtrendske.co.ke · T2