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{
    "id": 76552,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/76552/?format=api",
    "text_counter": 273,
    "type": "speech",
    "speaker_name": "Mr. Ojaamong",
    "speaker_title": "The Assistant Minister for Labour",
    "speaker": {
        "id": 196,
        "legal_name": "Sospeter Odeke Ojaamongson",
        "slug": "sospeter-ojaamongson"
    },
    "content": " Mr. Temporary Deputy Speaker, Sir, on 27th October, 2010, Mr. Wamalwa sought a Ministerial Statement from the Ministry of Labour regarding the then ongoing strike by the Kenya Tea Growers Association in protest against the introduction of tea picking machines in Sotik, Kericho and other tea growing areas. From the Statement, the hon. Member wanted to know whether I was aware that, after the promulgation of the new Constitution, every worker has a right under Article 41(2) to go on strike and participate in activities of a trade union and pursuant to the said provision and that of Section 76 of the Labour Relations Act, a strike was declared after seven days notice was issued on 11th October, 2010 by the Kenya Plantation and Agricultural Workers Union. Secondly, he sought to know whether I was aware that in total violation of the said worker’s right to strike, the Government sent police officers to arrest union leaders at Sotik Tea Company, harass and intimidate the workers generally in order to frustrate and unlawfully break the strike. Thirdly, he also sought to know whether the Government is aware that the intended mechanization of tea picking in that region has deprived and put a risk to thousands of jobs by Kenyans, hence the protest. Mr. Temporary Deputy Speaker, Sir, I beg to reply as follows: I am aware of the Constitutional provision on the right to strike which is contained in Article 41(2) of the new Constitution which grants workers the right to strike. I am also aware that the Labour Relations Act, 2007, Section 76(c) allows participation in a strike upon the seven days written notice given to the other party and the Minister which the Kenya Plantation and Agricultural Workers Union adhered to. The Kenya Plantation and Agricultural Workers Union issued a seven days strike notice on 11th October, 2010 demanding that the employer withdraw tea plucking machines. I am further aware that the employers whose assets were to be affected by the Union’s strike filed a constitutional petition in the High Court on 14th October, 2010 seeking injunctory order to restrain the union and its agents from effecting, inciting or calling workers"
}