An Analysis of uber drivers' employment status in accordance with the Kenyan labor law

Abstract

This dissertation is an analysis of the Employment Status of Uber Drivers according to Kenyan Labor Law. The dissertation seeks to answer the question of whether the Kenyan Labor Law is sufficient in safeguarding the labor rights of Uber Drivers in Kenya as anticipated under Article 41 of the Constitution of Kenya. It further seeks to find out if the classification of the employment status in Kenya should be broadened to accommodate the reality of Uber Drivers Labor relationship with Uber. In conducting the study, case law is used to understand the current relationship between Uber and the drivers. After analyzing the relationship, it becomes apparent that the Kenyan Labor Law is not sufficiently established to properly categorize Uber drivers and needs to be developed further. Having understood the relationship, a comparative analysis is conducted with the United Kingdom who seems to have settled the matter. The study proposes that legislators need to embark on creating protections for Uber drivers and other workers of companies who find themselves in a similar predicament.