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"id": 222352,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/222352/?format=api",
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"speaker_name": "Mr. Ndwiga",
"speaker_title": "The Minister for Co-operative Development and Marketing",
"speaker": {
"id": 278,
"legal_name": "Peter Njeru Ndwiga",
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"content": " Thank you, Mr. Temporary Deputy Speaker, Sir. First of all, I would like to start off by congratulating the Minister for the timely moving of this Bill. This Bill is extremely relevant at this time; at the time when the economy of this country is booming. It is absolutely necessary at this time because the Government is putting its footprint and thumb on the recognition of workers' rights and the constitutional rights of Kenyans to mingle and meet freely. Mr. Temporary Deputy Speaker, Sir, in the past, we have had occasions where employers have refused their employees and actually forced them not to join trade unions. Joining a trade union or a savings and credit society is a fundamental right of every worker. While congratulating the labour movement in this country for conducting itself responsibly in the recent past, it has also realised that this country is rising from the doldrums and a deep depression. It gave time to this country to recover. It is true that, through collective bargaining, the workers of this Republic today are much happier than they were three years ago. I wish to thank the labour movement. I want to tell employers, who did not allow their employees to join labour movements in the past, that the law has finally caught up with them. It is a criminal act to prevent a human being from joining an organisation of choice. Mr. Temporary Deputy Speaker, Sir, we have also noted that the economy is booming because the workers are happy. They are contributing enthusiastically to the economic growth of this country. Through collective bargaining, workers are properly motivated. Therefore, they are producing much more than they were in the past. It is, therefore, the Government's responsibility to make sure that the workers of this Republic are properly protected. Mr. Temporary Deputy Speaker, Sir, we have made statements in the past that, some employers, apart from hindering workers from free access to trade unions and other organisations such savings and credit societies--- The Government will bring another Bill here - the SACCO Bill - which will follow the principles of the current Bill. We have employers who have a habit of deducting workers' dues and not remitting them to SACCOs, National Hospital Insurance Fund (NHIF) and National Social Security Fund (NSSF). Therefore, this Bill is timely. It will make sure that such things will not happen. Mr. Temporary Deputy Speaker, Sir, I would like to urge my colleagues that, on the ground, the labour movement needs to be given some \"teeth\". I urge this House to support the Minister to get adequate budgetary support. Mr. Temporary Deputy Speaker, Sir, on the ground, we have labour officers who have not tuned themselves to the current mode. They are still working in the past. They have not realised that things have changed. Today, they are still \"employees of employers\"! Apart from working for the workers of this country, they work for the employers. We have seen, particularly in the rural areas, very many employers who do not pay the minium wage and yet, we have labour officers. Workers have complained about that to the labour offices. I know that very many Government officers have changed their past trends. But our labour officers on the ground must, even before 1274 PARLIAMENTARY DEBATES May 10, 2007 this Bill is enacted, wake up and represent the workers. If they do not do so, workers will be highly exploited. Mr. Temporary Deputy Speaker, Sir, we have seen situations recently, particularly in the Export Processing Zones (EPZs), where Kenyans have been employed on temporary basis for over five years. That should not happen. We need very clear labour guidelines and procedures stating that, after a certain period--- The laws are there. But the practice on the ground is such that Kenyans are subjected to long periods of employment as casuals. If you work as a casual for five years, you have no opportunity to contribute to a SACCO. That is because you do not know whether you will still be in employment after two months. You have no opportunity to contribute effectively to a social security fund or a provident fund. You have no opportunity to even join a health insurance facility because of the temporary nature of your job. Therefore, we need to have a strengthened labour movement. Our employees should be able to join trade unions of their choice so that, that kind of mistreatment can stop. I want to urge my colleagues to even allow casuals to join labour unions. That is necessary. If they work for an institution, they should be allowed to join a labour union of their choice. Mr. Temporary Deputy Speaker, Sir, because I see there are very many of my colleagues waiting to contribute to this Bill, I beg to second."
}