Taxis are an important part of Kenya’s public transport system, providing conventional taxi services, private-hire transport and increasingly app-based rides.
But carrying passengers for payment comes with legal responsibilities. Taxi drivers, vehicle owners and transport companies must comply with rules covering licensing, road safety, vehicle condition and passenger transport.
This guide explains the basic taxi rules in Kenya and how they apply to drivers, vehicles and passengers.
For the wider legal framework covering matatus, boda bodas, taxis and other passenger services, see Public Transport Laws in Kenya: Commuter Rights, Rules and Regulations.
Is a Taxi a Public Service Vehicle in Kenya?
Yes.
Under Kenya’s Traffic Act, a public service vehicle generally includes a motor vehicle used to carry passengers for hire or reward.
The Act also specifically recognises taxicabs and private-hire vehicles.
A taxicab is defined as a public service vehicle constructed or adapted to carry not more than seven passengers, excluding the driver, and licensed to ply for hire.
A private-hire vehicle also carries not more than seven passengers, excluding the driver, but operates differently from a conventional taxi that plies for hire.
This distinction is important because not every vehicle carrying paying passengers is permitted to operate in exactly the same way.
The wider PSV regulatory framework is explained in PSV Licensing in Kenya: Requirements for Matatus and Buses.
What Rules Apply to Taxi Drivers?
A taxi driver must hold the appropriate driving licence and comply with Kenya’s general traffic laws.
These include rules covering dangerous and careless driving, speeding, drink-driving, seat belts and other road-safety requirements.
Drivers using digital ride-hailing platforms are also subject to the National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations, 2022.
These regulations created a specific framework for companies, vehicle owners and drivers providing passenger transport through digital platforms.
Although taxis and matatus do not operate under identical rules, commuters can see how Kenya regulates another major category of PSV crews in Matatu Driver and Conductor Rules in Kenya.
What Rules Apply to Taxi Vehicles?
A vehicle used commercially to carry passengers must meet the regulatory requirements applicable to that type of service.
Vehicle owners must ensure that the vehicle is properly registered and complies with applicable licensing, insurance, roadworthiness and safety requirements.
NTSA has responsibilities covering vehicle registration, inspection, driver licensing and regulation of public service transport.
The Traffic Act also contains provisions dealing with the condition in which public service vehicles are operated.
A commercial passenger vehicle should therefore not simply be treated as an ordinary private car once it is being used to carry passengers for payment.
Can a Private-Hire Vehicle Pick Up Passengers From a Taxi Rank?
This is one of the clearest distinctions in Kenyan taxi law.
Section 102 of the Traffic Act provides that a private-hire vehicle must not ply for hire on a road, taxi rank, car park or other public place.
A conventional taxi licensed to ply for hire and a private-hire vehicle that receives a booking are therefore not necessarily operating under the same rules.
For passengers, the distinction becomes particularly relevant with the growth of app-based transport, where a journey is normally arranged through a digital platform rather than by a driver simply waiting for passengers at a taxi rank.
What Are the Rules for App-Based Taxis?
Kenya has specific regulations governing digital transport platforms.
The National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations, 2022 regulate transport network companies as well as the owners, drivers and passengers using their services.
A company providing transport network services must obtain the required licence and meet the conditions prescribed by the regulations.
The rules also establish requirements affecting drivers and vehicles operating through those platforms.
This means an app-based taxi is not outside Kenya’s public transport regulatory system simply because a passenger books the vehicle using a mobile phone.
Do Taxi Passengers Have Responsibilities?
Yes.
Passengers have responsibilities as well as protections.
One of the clearest is payment of the agreed or applicable fare.
Section 101 of the Traffic Act makes it an offence for a passenger to fail to pay a fare due for accommodation in a public service vehicle.
The offence can attract a fine of up to KSh10,000, and a court may additionally order payment of the outstanding fare.
Passengers should also avoid behaviour that interferes with the safe operation of the vehicle or distracts the driver.
Passenger protections form an important part of the wider public transport system. For comparison, see Matatu Passenger Rights in Kenya: What the Law Says.
What About Touting for Taxi Passengers?
Kenyan law also regulates how passengers are solicited for public service vehicles.
Section 103 of the Traffic Act prohibits people seeking passengers for PSVs from making noise or engaging in conduct that causes or is likely to cause annoyance, inconvenience or danger to members of the public.
A first conviction can attract a fine of up to KSh30,000.
A subsequent conviction can attract a fine of up to KSh50,000, imprisonment for up to 12 months, or both.
The provision is relevant beyond matatus because it applies within the broader public service vehicle framework.
Who Regulates Taxis in Kenya?
The National Transport and Safety Authority (NTSA) is one of the principal agencies responsible for regulating road transport in Kenya.
Its responsibilities include vehicle registration, motor vehicle inspection, driver licensing and regulation of public service vehicles.
Traffic enforcement also involves the National Police Service, while county governments can have responsibilities affecting taxi ranks, parking, roads and other aspects of local transport management.
Understanding which authority is responsible can therefore depend on the particular problem involved.
Taxi Laws Are Changing With the Transport Industry
Kenya’s taxi industry has changed significantly with the growth of app-based passenger transport.
The legal framework now distinguishes between conventional taxis, private-hire vehicles and transport network services while still applying Kenya’s wider road-safety laws.
For commuters, the important principle is that carrying passengers commercially is a regulated activity.
Drivers and vehicle owners must comply with the requirements applying to their service, while passengers also have responsibilities when using commercial transport.
Metros Kenya is building a wider database explaining these rules across matatus, boda bodas, taxis and other passenger services.
Start with Public Transport Laws in Kenya: Commuter Rights, Rules and Regulations or read Matatu Laws in Kenya: Rules Every Commuter Should Know for the rules governing Kenya’s largest public road transport sector.
This article provides general public information about Kenyan transport law and should not be treated as individual legal advice.
