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"speaker_name": "Mrs. Noor",
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"content": "No, Section 88(1). I am sorry, Mr. Temporary Deputy Speaker Sir. The Council failed to grant leave and payment amounting to Kshs3,395,236.50. The former and current Town Clerks of Thika Municipal Council failed to comply with the requirement of Section 35(5) of the Employment Act, 2007 as read together with Section 88(1) of the same Act by failing to pay for the years the employees worked amounting to Kshs3,395,236.50. The Thika Municipal Council ignored the summons to appear before the Ministry of Local Government to try and resolve the issue of the 250 works. They refused to go to the Labour Offices. Further investigations needed to be carried out to establish the claim of nepotism across all the councils. We got information from Nyeri Town Council where 1,000 workers were unlawfully dismissed. We found out from other councils that we interacted with that the employees were relatives, friends, and supporters of the councilors. Flouting of the Employment Act is widespread in almost all the councils countrywide. The Ministry of Labour is understaffed and has only 96 labour officers to ensure that labour laws are adhered to fully in the whole country. The Committee observed that flouting of the employment law is also widespread not only in the councils, but also in the tea zones, export processing zones, hotel industry, sisal industry and salt mining industry as the Committee was told by the Minister for Labour. Mr. Temporary Deputy Speaker, Sir, the Committee recommends that: The former and the current Town Clerks of Thika Municipal Council be charged in the Industrial Court for contravening the Employment Act, 2007 Sections 36, 28(1)(a) and 35(5) and 88(1). Two, the Thika Municipal Council should provide Kshs9,250,104.50 as terminal benefits of the 250 employees to the legal officers for onward transmission to the workers pending Industrial Court judgement. Three, the Council should ensure that the Employment Act, 2007 is adhered to at all times. Four, the Minister for Local Government should ensure that strict and tight measures are put in place to stop the flouting of the Employment Act, 2007, in all councils. Further investigations need to be done to establish the complaint of nepotism across all the councils. The Minister for Labour should take immediate action on all complaints on flouting of the employment laws in places such as the tea zones, export processing zones, the hotel industry, the sisal industry and the salt mining industry. Mr. Temporary Deputy Speaker, Sir, I wish to express my appreciation to all the Committee Members who sacrificed their time to attend all the meetings that were held. The Committee is also grateful to the Speaker of the National Assembly and the Office of the Clerk for facilitating the Committee meetings. The Departmental Committee on Labour and Social Welfare is mandated to consider the following issues: Labour issues; trade union related issues; national manpower policy and development; promotion of staff and employment in micro and small enterprise; the National Social Security Fund (NSSF); national productive centre; gender, children and social development; planning; mainstreaming; women enterprise development fund; co-ordination of voluntary services; social welfare for vulnerable groups; community development programmes; institutions of children care and development; culture and national heritage; disaster management policies and programmes; co-ordination of resettlement and mitigation of programmes for Internally Displaced Persons (IDPs); youth affairs and sports, among others. The following are the Members of the Committee:- Hon. Sophia Abdi Noor, myself, the Chairperson; Hon. Lenny Kivuti, the Vice-Chairperson; Hon. Elijah Lagat, Member; Hon. Joseph Magwanga, Member; Hon. Alfred Odhiambo, Member; Hon. Clement Waibara, Member; Hon. Adan Keynan, Member; Hon. Gideon Konchella, Member; Hon. James Kiptanui, Member; Hon. Pollyins Ochieng, Member; and, Hon. Charles Keter, Member. I wish to conclude by thanking everybody for the support that was given to this Committee, particularly to investigate this question which is, not only relevant to Thika Municipal Council, but also to many other councils which have suffered the same problem. I beg to move that this House adopts the Report of the Committee. Thank you."
}