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{
    "id": 1532753,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1532753/?format=api",
    "text_counter": 67,
    "type": "speech",
    "speaker_name": "Mwatate, JP",
    "speaker_title": "Hon. Peter Shake",
    "speaker": null,
    "content": " Hon. Temporary Speaker, pursuant to Standing Order 44(2)(c), I wish to request for a statement from the Chairperson of the Departmental Committee on Labour regarding the unfair dismissal of Mr Paul Mwandoe Mzenge by the Kenya Ports Authority. Mr Paul Mwandoe Mzenge was employed by the Kenya Ports Authority on 8th March 1985 as an Electrical Technician of Staff number KPA No.88642. He worked diligently for five years and was confirmed as a permanent and pensionable employee after completing his probation period. However, on 3rd July 1990, he received a letter stating that his services were terminated on account of persistent breach of discipline. In addition, the parastatal invited Mr Paul Mzenge for a disciplinary hearing, but failed to give him sufficient notice to prepare for the hearing and also did not provide him with an opportunity to be heard and show cause on the issues that were brought forward against him. Article 41(1) of the Constitution provides that every person has the right to fair labour practices. Additionally, Section 43 of the Employment Act Cap 226 provides that in any claim arising out of the termination of a contract, the employer is required to prove the reasons for termination, failure to which the termination shall be deemed to have been unfair. Mr Mzenge has suffered injustices for over 30 years since he was unfairly dismissed by the Kenya Ports Authority, which failed to prove reasons for the dismissal as no evidence was provided to the employee contrary to the law. Hon. Temporary Speaker, it is against this background that I request for a statement from the Chairperson of the Departmental Committee on Labour on the following: 1. Reasons for the unlawful dismissal of Mr Paul Mwandoe Mzenge by the Kenya Ports Authority on 3rd July 1990. 2. Steps taken by Kenya Ports Authority to pay any outstanding benefits and pension owed to Mr Paul Mzenge as well as compensation for the unwarranted violation of his labour rights that are guaranteed under Article 41 of the Constitution. Thank you."
}