The Director of Public Prosecution Keriako Tobiko has been asked to prosecute directors of the cash-strapped Kenya Farmers Association for failing to remit former workers deductions to National Social Security Fund. The workers who were laid off some years back said they were shocked to discover KFA was not remitting the deductions regularly when they worked for it.
Jane Cherotich from Baringo county said she discovered the anomaly last week when she went to check status of her account at the NSSF offices in Nakuru. "The account indicates I have only Sh30,000 despite having worked with KFA for over 20 years," she said, cautioning those who are still working for the association to check their NSSF account status to ensure it was up to date. The monthly membership contributions vary depending on worker's salary. On average, every employee pays about five percent of the monthly salary which is matched with an equal amount sum by the employer subject to a specified maximum.
According to the law, all employers must register with NSSF. Any employer who fails to register with the fund or fails to register their workers within 21 days of employment is guilty of punishable offence. It was the second time the former KFA workers were appealing to Tobiko for help. In April they appealed to the DPP to charge the directors for failing to pay them their dues after retrenching them.
The workers who have been waiting for the dues for over 10 years said the DPP should take up the matter since the "directors had violated their rights as enshrined in the Bill of Rights in the fourth chapter of the Constitution". Jane Cherotich from Mchongoi in Baringo County said they were never paid their terminal dues when they were declared redundant but were told that they would be contacted to collect their money later but has never happened since.
Recently a director of KFA Kipkorir Menjo was quoted in the press on saying the company was selling its noncore assets to clear a Sh478 million debt it owed National Bank. It was reliably learnt that even the workers who remained had not been paid salaries for the past four years. The former workers said they feared losing their dues "considering that the directors are considered to be in office illegally since they had not held annual general meeting for long and disposing off the assets could be an illegal activity".