[kictanet] Day 1 Discussions: Digital Hailing Services Regulations

Mon Feb 10 12:08:43 EAT 2020

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 at 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 at 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 at 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-to-get-licences-or-get-off-road/
>>> 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-techs-gig-platforms-primer-bold-state-law-that-will-try/
>>> 
>>> Over to you listers.
>>> 
>>> -- 
>>> 
>>> Best regards.
>>> Liz.
>>> 
>>> PGP ID: 0x1F3488BF
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>> 
>> 
>> -- 
>> 
>> 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
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> 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.
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