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"id": 1233682,
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"speaker_name": "Runyenjes, UDA",
"speaker_title": "Hon. Muchangi Karemba",
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"content": "James Finlay Kenya Tea Estate. However, the County Security Team informed the Committee that James Finlay Kenya only provided the funds for construction of the Centre. The Centre is fully manned by police officers and is independent of James Finlay Kenya. The Committee heard that community policing as an avenue of reporting information relating to sexual harassment and abuse appeared not to be very active as the incidences of sexual harassment continued happening but not reported. The County Security Team submitted that there is the community policing and the Nyumba Kumi Initiative at the Ward Level to enable the citizenry report various issues, including gender-based violence. The effectiveness of the various channels put in place to deal with sexual harassment and abuse appears to be poor. Both James Finlay Kenya and Ekaterra submitted that all employers have access to reporting mechanisms which include welfare committees, toll free anonymous call numbers, Bulk SMS for mass communication, notice boards, suggestion boxes, training of village committees on sexual harassment and other forms of abuse among others. The companies committed to continuously improve the systems. We also noted – and this is important for the female Members in this House to hear – that there are few women in leadership positions at James Finlay Kenya. The composition of women in leadership is at 29 per cent at the lower management level, 19 per cent at the high management level, 6 per cent at the junior management level and 24 per cent at the senior level management. James Finlay Management submitted that it conducts gender surveys and that there is continued effort to be female gender inclusive through management trainees’ programmes for women and training of women in Information and Communications Technology (ICT). The criteria used to outsource labour services at James Finlay Kenya was unclear. The company submitted that it conducts a pre-qualification exercise for the services. Services outsourced include labour, maintenance and construction. However, it was disputed by the labour unions, who accused the company of directly procuring the services of the accused person’s company called Sislo Holdings. The Committee also observed that the Government has instituted measures to guard against sexual harassment abuses. These include the enactment of the Sexual Offences Act and the Employment Act, community policing, the presence of police stations, labour and gender offices in counties and other initiatives aimed at enabling women seek guidance on their rights and lodge complaints against sexual harassment. The Committee, nonetheless, noted that many women were not aware of the initiatives and therefore not making use of them. On the issue of establishing measures the Government is putting in place to ensure these tea estates adhere to labour laws and implement policy on sexual harassment, the Committee observed that there is a gap in the frequency in reporting of sexual harassment incidences despite the documented available reporting channels. There is a need for collaborative effort by the stakeholders i.e., Labour Department, trade unions and legislators to come up with a clear and better framework for reporting. The outsourcing of employees through contracts was a weak link in enforcing the sexual harassment policies. For instance, at James Finlay Kenya, the alleged perpetrator, Mr. John Chebochok operates Sislo Holding, a company contracted to provide contracted labour to James Finlay Kenya. The contracted company oversees performance and retention of employees. The competition for the available scarce employment opportunities for placement leaves the employees prone to exploitation and harassment. The Committee resolved to initiate legislation to govern outsourcing of labour services. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}