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{
    "id": 288371,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/288371/?format=api",
    "text_counter": 485,
    "type": "speech",
    "speaker_name": "Dr. Khalwale",
    "speaker_title": "",
    "speaker": {
        "id": 170,
        "legal_name": "Bonny Khalwale",
        "slug": "bonny-khalwale"
    },
    "content": "Mr. Speaker, Sir, allow me on this one to restrict myself on a constitutional issue. This Bill also attempts to amend the industrial court. Constitutionally, the Constitution has provided that any law that is ratified by this country becomes the law of the land. The International Labour Organization (ILO) Convention No.144 tripartite to consultations for International Labour Standards Convention of 1976 was ratified by Kenya on 6th June, 1990. It provides that if there is an amendment like the one that the Minister wants to make, the three social pillars must be consulted. These are the employee, the employer and the Government. The Minister, in moving this particular aspect of the law, is offending that provision of the Constitution. Therefore, the Chair needs to guide us. The Chair also needs to guide us on Article 162(2) (a) which envisages the establishment of a special independent court to deal with employment and labour relations. The Industrial Court Act of 2011, which we negotiated until very late at night in this House last year, was enacted to give effect to this constitutional provision. In his amendment, the Minister is attempting to stump the Industrial Court’s independence; Article 165 (5) (b) - jurisdiction of the High Court on matters falling within the purview of the court. I would like to request the Attorney-General to be equally generous to the poor workers of this country whose only recourse is a simple procedure in matters of industrial dispute. They do not use civil procedures or rules. By making this amendment, what the Attorney-General is now saying is that a simple man in Budalangi---"
}