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{
    "id": 1160503,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1160503/?format=api",
    "text_counter": 149,
    "type": "speech",
    "speaker_name": "Sen. Wambua",
    "speaker_title": "",
    "speaker": {
        "id": 13199,
        "legal_name": "Enoch Kiio Wambua",
        "slug": "enoch-kiio-wambua"
    },
    "content": "the Bill of Rights. Article 41 is about labour relations and Article 43 is on economic and social rights. In seconding this Bill, I am drawn to the Bill of Rights in Chapter Four. It states categorically that the rights and fundamental freedoms in the Bill of Rights belong to each Kenyan and are not granted by the State. Therefore, by extension, these rights are not granted by employers. They are fundamental to every Kenyan and must be enjoyed by every Kenyan. We all appreciate that times have changed and, as contemplated in Article 41 of the Constitution, the working space and environment is not necessarily the physical office block in this day and age. Many times, that work environment and office space has moved to the phone because a lot of work and business is being transacted through the phone. Madam Temporary Speaker, the import of this Bill is to say that we appreciate the fact that with changing times and advancements in technology, the work environment and the working space has moved from the office block to the phone. However, that does not make my phone a public space because it is still private space and a private property. What has happened with the advancement of technology--- I hope Sen. Cherargei will sit down and take notes as I second this Bill, and not to move along the corridors, so that he is properly briefed and takes advantage of the serious input to this Bill. The phone still remains private property though there is official work being transacted on it. With advancement of technology, many employers are now buying airtime for their employees to facilitate work. I know that Parliamentary Service Commission (PSC) is doing that for Members. Therefore, the fact that an employer can buy airtime for an employee does not convert his phones into the employer’s property. This Bill seeks to ensure that work can be transacted outside the physical office space, but still respect the privacy of the individual employee. Madam Temporary Speaker, I would like Sen. Cherargei to take note that in this Bill, there is need to define what essential services are. In most cases, that definition is left to the whims of the person making the definition, but that should not be the case. To suit the best interest of an employer, they may decide to put into the bracket of essential services which are not essential. Therefore, there is need for this Bill to go deep and define what essential services are. Madam Temporary Speaker, we also have what is called ‘working time.’ What is the official working time? Is it between 8.00 a.m. and 5.00 p.m., or is it between 9 00 a.m. and 6.00 p.m.? Whatever time it is? There is need to define it. This is because even as we enforce this amendment, there will be no confusion about the time one is supposed to be working and when he is not supposed to be working. Lastly, Madam Temporary Speaker, is the issue of the need for the employee to disconnect from work. With the availability of platforms for virtual meetings such as zoom and others on phones, when you go to a house at 9.00 p.m., you may find the husband attending a zoom meeting with their employer, the wife is in another zoom meeting with another employer, a son is another zoom meeting with an employer and so forth. We must also protect the social fabric of this country and respect family time. It"
}