Kenya's High Court rejected Uber Kenya's bid to be struck out of a lawsuit brought by 37 motorcycle riders over account deactivations.
Justice David Mburu ruled that Uber Kenya must stay a party because its role in the disputed suspensions requires examination at a substantive hearing, without finding that the company violated the riders' rights.
The riders, who filed the petition in March 2026, allege that their accounts were deactivated without notice, reasons or evidence, cutting off earnings needed to service loans for electric motorcycles financed through Greenwheels Electric Mobility Solutions Limited.
They say Greenwheels repossessed the motorcycles after the suspensions and that repeated requests for information, including a formal demand dated December 22, 2025, went unanswered.
Uber Kenya contended that the platform is owned and operated by Uber B.V. in the Netherlands and that its Kenyan activities are limited to promotion, registration assistance and general support, not account management or suspension decisions.
The company added that its shareholders are Uber International Holdings B.V. and Uber International B.V., and that common shareholding does not justify disregarding separate legal personalities.
Riders pointed to an intercompany services agreement dated November 1, 2013, arguing that Uber Kenya’s actual conduct, not the contract wording, should determine any legal obligation.
Justice Mburu noted that corporate links and promotional services alone do not establish liability and that the contractual disclaimer of agency does not automatically resolve whether Uber Kenya created an independent legal duty; evidence will be needed to decide if it acted as an agent or had access to relevant information.
The judge also referred to an earlier case involving Kanuri Limited and 33 others, where the High Court similarly declined to remove Uber Kenya from proceedings.
Uber Kenya’s application was dismissed, the company was ordered to remain a party, and the petition is scheduled for mention on December 1, 2026.
The Kenyan dispute comes as the Dutch Data Protection Authority fined Uber €824.99 million in August 2026 for automated driver deactivations, although the Kenyan case concerns constitutional claims rather than European data-protection rules.
