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"speaker_name": "Mr. Muturi",
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"legal_name": "Justin Bedan Njoka Muturi",
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"content": "Thank you, Mr. Deputy Speaker, Sir. As I was saying yesterday, this Bill is most welcome, if for no other reason, because it updates our own Employment Act, Cap.226, Laws of Kenya, which is really old and a colonial relic. Mr. Deputy Speaker, Sir, I was on the verge of saying that seven of the provisions of this Bill need rethinking. Just to refresh our memory, I had just said if you look at the definitions' section on what is defined as disability, I did indicate that I think it is unacceptable that a person who is HIV positive should be described as a disabled person. Mr. Deputy Speaker, Sir, it is wrong to have that kind of definition in our law. I believe the good Minister will look at that particular provision It is obviously contrary to other existing legislation, and also, I think, obnoxious, to say the least. A person who is HIV positive is not disabled, especially now that we know that there are life-prolonging medicines. Therefore, I think it is not fair to have this kind of definition in the proposed Act. Mr. Deputy Speaker, Sir, if you look at the Order Paper for today, will you notice that about three other Bills have just been read for the First Time. If you look at these Bills, you will see that it makes reference to, and I did point this one out--- Mr. Deputy Speaker, Sir, if you look at this Bill, it makes reference to the Labour Institutions Bill, and I pointed this out earlier. What is referred to as the Labour Institutions Act is, in fact, the Bill which has just been read for the First Time. It is not, therefore, an Act of Parliament. Mr. Deputy Speaker, Sir, the point I am making here is this: There is a danger that, if you incorporate some definition in this Bill which is to be found in that Bill which has just been read for the First Time, it presupposes that Parliament will enact that other Bill in that form. What will happen then if Parliament does not enact the Labour Institutions Bill in the form that it is, giving the meanings of certain words which are in this Bill in the manner that they have been captured in that other Bill? It means that there will be a contradiction. I advised that it is necessary and important, because I can appreciate that the Government has been a bit slow. I do not know whether they have been asleep, but they had to be awakened by the International Labour Organization (ILO). All the five Bills have been promulgated or developed under the instigation and advice of the ILO. Therefore, it is important that our own people and bureaucrats are careful about some of the phrases that they use in crafting some of these legislations. We need legislation that will have proper application within the confines of Kenya. It does not matter how qualified the fellows from ILO in Switzerland and such other places may be. The local circumstances of Kenya must at all times be paramount! We cannot be guided by any other considerations. Therefore, it is for this reason that I suspect that we find some of these definitions in the manner that they are. Last week, I was in a conference and, without naming names, I came across some piece of legislation in a neighbouring country that, actually, under the instigation of donors, ousted the jurisdiction of that country's Controller and Auditor-General to scrutinise, by way of audit, books May 9, 2007 PARLIAMENTARY DEBATES 1239 of accounts for certain projects in that country. When we tried to find out the reasons in the conference, we were told that it was at the instigation of donors. Therefore, as much as we welcome friendship, that friendship must also have respect for the peculiar circumstances of Kenya and Kenyans. That is the point I am making. Mr. Deputy Speaker, Sir, looking at these definitions further, if you look at page 150, there is a definition of who an employer is. It says: \"employer\" means any person including the Government who employs, or has employed an employee and, where appropriate, includes- (a) an heir, successor, assignee or transfer or of an employer\" So, your heir will be an employer. I doubt whether this is really what we mean! That, any heir, successor, assignee or transfer--- I believe they meant \"transferee\" where they wrote \"transfer\". The point I am making is that, we need to be careful about some of these phrases because, like they keep saying, English language sometimes changes rather fast and, perhaps, our technocrats may not have looked at this. While still on that issue of employer, in Clause 5, the Bills says: (1) \"It shall be the duty of the Minister, Labour Officer, the National Labour Court and the sub-ordinate labour courts- (a) to promote equality of opportunity in employment in order to eliminate discrimination in employment; and (b) to promote and guarantee equality of opportunity for a person who is a migrant worker or a member of the family of the migrant worker, lawfully within Kenya\". The reason I picked this Section is this: The Minister referred to here in terms of this Bill is the Minister for the time being responsible for labour matters. But I have also just read out the definition of an employer to include the Government. Therefore, in the context of this Bill, it means that there is need for this Government to reorganise itself since the Minister for Labour and Human Resource Development then would appear, at the enactment of this Bill, to be the one to superintend over Rev. Moses Akaranga, who is the Minister for Public Service. This is an altruism in the current arrangement. Therefore, since the Government is also bound and, indeed, this Act shall bind the Government, and therefore, where it is the Minister for Labour and Human Resource Development who is supposed to ensure equality and opportunity in employment and, of course, enforce it, then it means that the Minister for Labour and Human Resource Development, hon. Newton Wanjala Kulundu, should be the one now to superintend over the Rev. Moses Akaranga, the Minister for Public Service, in terms of this Bill once we enact it into law. If that is not the intention, I think that an appropriate arrangement ought to be found to avoid any possible conflict between persons that may, from time to time, be given responsibility to superintend over employment in the public service. But, of course, it is important that this Act, as proposed--- And I welcome it and support it. It says:- \"This Act shall bind the Government\" This is important and, therefore, all I am saying is that there should be some rethink. Mr. Deputy Speaker, Sir, there is proposed to be an official called \"registrar\" on page 153. It says: \"registrar\" means the registrar of trade unions appointed under the Labour Institutions Act;---\" Once again, there is no such Act; it is the Bill which has just been read for the First Time. So, when that Bill comes up for the Second and Third Reading and we do not enact it in the manner proposed, it means that then, the Minister will have to think of defining \"the registrar\". Mr. Deputy Speaker, Sir, I am giving this advice for free to the Minister. They do not need to import meanings from some Bill because, indeed, that breaches our own Standing Orders, 1240 PARLIAMENTARY DEBATES May 9, 2007 because that is anticipating debate. We do not know whether this Parliament will enact that Bill in the manner that it is. Mr. Deputy Speaker, Sir, I welcome the innovation here of something called \"sub-ordinate labour courts\". In fact, my only quarrel---"
}