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"speaker_name": "Mr. Khaniri",
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"legal_name": "George Munyasa Khaniri",
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"content": "It falls under Part II, Clause 5(6) on page 158. I think that it will be the responsibility of the one accusing to prove that he has been wronged and not the other way round. Mr. Temporary Deputy Speaker, Sir, I also want to draw the Minister's attention to Part III of the Bill - Employment Relationships. Clause 8 says: \"The provisions of this Act shall apply to oral and written contracts.\" I do not understand what is meant by \"oral contracts\". I think that all employers must be compelled to ensure that they have written and signed contracts with their employees. Therefore, the word \"oral\" should be deleted from this particular part of the Bill. In the same Part III of the Bill, Clause 9(a) states that: \"A contract of service - (a) for a period or a number of working days which amount in the aggregate to the equivalent of three months or more---\" Mr. Temporary Deputy Speaker, Sir, why are we leaving out those employees that have been employed for a period not exceeding the period specified here, that is, three months? I think that this law should govern all the employees and, therefore, we should include even those who have been contracted for a period that is less than the specified period here of three months. Mr. Temporary Deputy Speaker, Sir, turning to Part IV - Protection of Wages, on page 170, Clause 17(1) states that:- \"Subject to this Act, an employer shall pay the entire amount of the wages earned by or payable to an employee in respect of work done by the employee in pursuance of a contract of service directly in the currency of Kenya---\" I hope that this does not mean the Kenyan shilling because I have in mind people who are employed by some international organisations. These people sign their contracts here to indicate that they are employed in Kenya and then they are posted to other countries where the mode of currency is not the Kenyan shilling. Is this Bill insisting that such people should also be paid in the Kenyan shilling? My view is that instead of the Bill stating \"Currency of Kenya\", it should state, \"Currency of the country of residence\". This is because it will also apply to members of the Diplomatic Corps who are civil servants, but have been posted to serve in other republics. Clause 18(6) on page 174 states that:- \"No wages shall be payable to an employee in respect of a period during which the employee is detained in custody or is serving a sentence of imprisonment imposed May 9, 2007 PARLIAMENTARY DEBATES 1249 under any law.\" I have no problem with that part that talks of serving a sentence of imprisonment imposed under any law. But I have a problem with denying an employee, who has just been put in custody for a few days, his wages. It is not fair to say that a person who has been in police custody will not be paid his or her remuneration. Anybody can be put in police custody any time, including Members of Parliament, civil servants and so on. So, we must insist that you can only be denied your salary if you have been taken to a court of law, proven guilty and imprisoned as opposed to just being put in police custody and then you are denied your dues. I do not agree with this particular section and I hope that we will move an amendment to delete it so that we do not have it as law that when you are put in police custody, you will not be paid your wages. I know that some people can use this law maliciously. Mr. Temporary Deputy Speaker, Sir, I would like to draw the Minister's attention to Part V, Clause 34. I would like to congratulate the Ministry because we all know that medical care in this country is very expensive and not many employees can afford. I am happy to note that they have included a clause that will compel employers to have medical schemes for their employees. As I said earlier on, I do not have much comments to make on this particular Bill. However, I would just like to urge my colleagues to give it full support so that we can pass it as quickly as possible and turn it into law. Mr. Temporary Deputy Speaker, Sir, with those remarks, I want to support this Bill."
}