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"id": 14974,
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"speaker_name": "Mr. M. Kilonzo",
"speaker_title": "The Minister for Justice, National Cohesion and Constitutional Affairs",
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"legal_name": "Mutula Kilonzo",
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"content": " Yes. Thank you, Mr. Temporary Deputy Speaker, Sir. It reads: “Every person has a right to fair labour practices.” There is nothing worse than putting somebody on a payroll and, first of all, you do not give him a letter of appointment. There is nothing worse than that. There is nothing that can contradict this Constitution more tremendously than to put somebody on a so-called payroll for five years and you pay him monthly. There is nothing that can be as unfair as when the Minister for Local Government raises the issue, you terminate their services callously without paying them anything they are entitled to. Therefore, I want to salute the Kenyan people for giving themselves this provision - Article 41. It was not controversial! In fact, it was not one of the contested issues when the Constitution was being debated. You will also notice in Article 41(2) it says that: “Every worker – the word has changed from “person” to “worker” – has the right to fair remuneration.” Strictly speaking, it is a violation of the human rights of a Kenyan person if you terminate their services casually, unfairly and you do not pay them their benefits. I want to salute my colleague, the Minister for Labour. I also notice that the Deputy Prime Minister and Minister for Local Government attended the proceedings of this Committee and took the same position that I am taking this afternoon. Allow me also to mention for the benefit of this country’s history that the opportunity for accepting this Report by the Government is also an opportunity to acknowledge Article 162 of the Constitution. Article 162 at page 102 mandated Parliament to establish courts with the status of the High Court to hear and determine disputes relating to: (a) Employment and labour relations. So, even the recommendations of the Committee will be adjusted to reflect the reality which is that this House, in its wisdom, has already enacted this particular law. This court is already in existence! The law came into force on 30th August, 2011. The Chief Justice has already appointed a team of judges to preside over this. Therefore, the challenge for the country is to realize that workers should not be treated as casually as this local authority attempted to do. Mr. Temporary Deputy Speaker, Sir, in thanking the Committee for bringing forth this Report at this time; in thanking the hon. Member who raised the Question, I would like to say that the Government will have to respect the human rights of those Kenyan citizens and ensure that the recommendations that the Committee has made are complied with. I might also suggest that, although the court is, indeed, independent, this is a matter that the new judges presiding over the employment and labour relations should start with as they are breaking ground to show the country that human rights as contained in the Bill of Rights are respected. I would also like to say that although the Director of Public Prosecutions is an independent office, nevertheless, this recommendation and Report will be forwarded to his Office for his consideration, so that he can take the necessary action in view of what appears to have been said by the Ministry of Local Government when they appeared before the Committee, to say that the matter has been taken to court. I cannot speak with certainty as to the form in which it has taken because it says at page 13(v): “The matter has been discussed with the Town Clerk and the Council has already instructed its lawyers to apply for the settlement of the matter out of court.” The country must understand that we cannot violate the rights of citizens and then just go and settle the matter in court. Human rights are human rights and we want a big flag showing that there is respect. A settlement where you merely appear to be glossing over the fact that you have violated the Constitution is not acceptable and it must be accompanied by sufficient sanctions, whether criminal or otherwise, to make sure that it will not be repeated. Mr. Temporary Deputy Speaker, Sir, I have no evidence towards what my predecessor, hon. Martha Karua, has said, that all local authorities are violating this. However, since all these local authorities will be under the Devolution Chapter of the new Constitution, I am calling upon all those Members inside this Chamber, like hon. Kabogo, who want to be Governors, Senators and so on, to know that their work is cut out for them to make sure that they go back there, campaign and if they win, they have a responsibility to treat labour relations, not traditionally but as issues of human rights. With those far too many remarks, I beg to support and assure the House that the report will be accepted and implemented."
}