Joseph Bonyo
24 May 2008
Nairobi — The government has said it will degazette the new labour laws passed by the 9th Parliament.
Labour Minister, Mr John Munyes' move comes after concerted efforts by employers and a lawyer's body seeking a review on sections of the new labour laws which they termed untenable.
Mr Munyes said his action would pave way for consultations that have began and will go on for the next three months.
The Federation of Kenyan Employers (FKE) and Central Organisation of Trade Unions (Cotu) have for almost six months been fighting with the former saying the laws are punitive and the latter insisting that they must be implemented.
"We have started consultations on tripartite basis with all the sector players and the degazetting of the laws will provide us with a clear path of moving forward," said Mr Munyes.
The laws which came into force on January 1, were welcomed by workers as an uproar emerged from the employers.
According to FKE, particular clauses contained in the laws would lead to serious financial implications and increase the already inflated costs of doing business in Kenya.
Among the laws in contention include the provision of a three-month maternity leave in addition to annual leave for female employees as well as a two-week paternity leave for male employees.
Others include compulsory insurance for all employees for work-related injuries and disease and conversion of casual employment to monthly contract after a month on the job among others.
The laws have been a battlefront between the two organisations and at times have found their way to public functions.
Addressing a Labour Day gathering earlier in the month, Cotu secretary general, Mr Francis Atwoli, took time to criticise the Law Society of Kenya for seeking legal redress on the issue saying they were trampling on the workers rights.
While Cotu insists that the laws came out as a result of wide consultations, employers maintained that the contentious clauses had been sneaked in by Parliament.
"The government is keen on addressing these issues but let us co-operate and maintain good faith while dealing with one another as well as on the issues," added Mr Munyes.
The minister was addressing the press during the 49th FKE annual general meeting at a Nairobi hotel, Friday.
During the meeting, Kenya Shell managing director, Mr Patrick Obath, was confirmed as the chairman of the employer's body.
He had been acting from November last year when the then chairman Mr Karanja Kabage resigned to join politics.
Welcoming the ministers' move, Mr Obath said that the procedure would allow for conclusive engagements to settle the issue.
"We began talking last week and while we are happy with the ministers decision, we also believe that all parties concerned will engage forthright in ensuring that an amicable solution is found," said Mr Obath.
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