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{
    "id": 671087,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/671087/?format=api",
    "text_counter": 357,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "this Bill is here because of misuse of, especially female workers. We have cases in the Economic Processing Zones (EPZs) where even pregnant women have been forced to carry agricultural loads. They are denied maternity leave and forced to carry on with agricultural manual work when expectant. We have also had cases of child labour. This Bill addresses the issue of minimizing overworking or overloading agricultural workers, reducing or prohibiting the use of pregnant women in carrying agricultural loads and use of children in transportation of agricultural loads. The Bill provides that any person who is supposed to carry agricultural load must be trained and properly instructed to do so for safety and health reasons. Secondly such person must undergo regular medical examination to determine fitness for the assignment so that again they do not fall sick. Those who transport agricultural loads shall be given instructions on how to do that transportation. To facilitate manual transport of agricultural loads, appropriate technical and packaging equipment should be provided by the employer. Finally, I want to highlight Clause 40(c)(1), which says that the maximum permissible agricultural weight to be transported by an adult shall not exceed 50 kilogrammes. This is important because we have had workmen compensation issues due to serious injuries because of overloading workers in the agricultural and other sectors. So no person shall be permitted or compelled to carry a load of more than 50 kilogrammes. That must be an adult person. Any employer who contravenes this law is subject to a fine of Kshs100,000 or a jail term of not more than six months or both. A second thing with regard to female workers, the manual transport of agricultural loads shall not be assigned to a woman during pregnancy or during the maternity period. This is notorious in the Export Processing Zone (EPZ). There are special advantages that the EPZ industries and establishments enjoy. One of them is very little scrutiny of labour standards. What has happened in the context is that pregnant woman or women going through the maternity period have been forced to carry a heavy load which has affected their health. Any person who uses women in this context is liable to a penalty of Kshs100,000 or a jail term of not more than six months imprisonment or both. An employer shall not assign to any child the manual transport of agricultural product loads. Strictly, children should not be involved. Again, anybody who contravenes this is liable to a fine of not exceeding Kshs200,000. You can see that the penalty when it comes to children is even higher than the one for women and adult men. This is a straight forward matter to protect our workers. It is in accordance with the International Labour Organisation (ILO) Convention No.185 which prohibits the use of children and pregnant women in manual labour. I think that Convention which Kenya has signed is part of the law of Kenya under Article 25 of the Constitution. It is a treaty that Kenya has already ratified. With those few remarks, I beg to move. I request the Senate Majority Leader to second this Motion."
}