Day 1 Discussions: Digital Hailing Services Regulations

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
>>
>>
>> Tel: +254 713 601113
>>
>> Twitter: @AliHKassim
>>
>> Skype: abu-jomo
>>
>> LinkedIn: 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!
>>> 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. 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. 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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