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"id": 1626086,
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"type": "speech",
"speaker_name": "Sen. Sifuna",
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"content": "I feel obliged, therefore, to speak out on the matter because it may be a microcosm of a larger problem within not just the retail sector, but across the low-income demographic in the entire country. For a long time, Kenyan low-income earners have, in a desperate attempt to earn an honest living, endured horrible working conditions and unimaginable abuse from many employers and organisations. Many of these go unreported, but with this silence, their cancer might metastasize into a national disaster needing urgent mitigation. Needless to say, low-income earners are the drivers of the economy and their contribution to the Gross Domestic product (GDP) and the national growth cannot be gainsaid. Despite this reality, this demographic is also the most vulnerable to poor conditions of working and weak employment safeguards and is generally prone to bear injustice without requisite support from the authorities. Mr. Speaker, Sir, Article 41 of the Kenyan Constitution prohibits discrimination in recruitment, promotion, pay and conditions of work. Further, the Employment Act, 2007 guarantees every worker access to fair labour practises, fair remuneration and reasonable working conditions as it clearly defines the fundamental rights of employees. However, there exist wide implementation and policy gaps when it comes to private sector and when it comes to these laws being put in practice to protect workers. Indeed, a large section of the private sector remains weak on implementation of employment laws and subsequent protection of the working public. The exploitation must be addressed in its entirety and the root causes remedied immediately. Apart from cases of workplace harassment being a hidden phenomenon, in many of the establishments where the public moves in and out, nearly all of us have at some point encountered employees undergoing overt harassment by their employers. Sixty-two years after Independence, it is time to put our collective foot down and squarely tackle the mistreatment of low-income earners, especially in the retail chain sector. It behooves investors running businesses in the country to treat their local staff with dignity just like it is our collective responsibility, as Kenyans, to create an enabling atmosphere that promotes thriving enterprise in the country as a key cog in employment. It is immoral to simply expect to have a nation of loyal taxpayers without that labour resource being nurtured and protected as the goose that lays the golden egg. Mr. Speaker, Sir, I call upon the Ministry of Labour, trade unions and elected leaders to fearlessly speak out for workers facing such difficulties regardless of the sector they work in. It is important to note that the fear of victimisation is a major cause of silence among victims. It is imperative for leaders to bridge that gap by being firm and principled on the side of justice for the underprivileged. I further call upon the owners and the management of Chandarana Food Plus chain of Supermarkets to address the matter of discrimination and harassment not only at their Diani branch, but in all their units across the country. This is a responsibility bestowed by law and by fair labour practises. I also wish to urge Parliament to work towards tightening laws whose weak implementation tends to open the door for such employee mistreatment within the workforce. Together, we must protect the low-income earners in the country from further exploitation. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}