A Nairobi Court has ordered the Kenya Literature Bureau(KLB) to pay a union employee Fredrick Koech and 34 some Sh 16M over pay rise discrimination and other unconstitutional injustices.
This is after they jointly through city lawyer Henry Kurauka sued for the said injustices they encountered and other evils as raised in court.
Through the court papers, lawyer Kuraula told the Court that the petitioner’s constitutional rights were completely violated where they were they harrassed for joining some trade unions and subjected to poor salary remunerations compared to other employees.
” That a declaration that the respondent has infringed the petitioners right under article 27 of the constitution which guarantees him and others the right of equality and freedom from discrimination by discriminating them,” Kurauka told the court.
Kurauka told the court that all the employees have a right to fair labour practices and a fair remuneration and a right from,join or participate in activities and programmes of a trade union.
Kurauka told the court that the petitioner and others were discriminated from pay rise and all diplomatic efforts to make the issue rectified and their rights observed hit a snug.
” That an order be issued compelling the respondent to pay the petitioner Sh16,938,100.71 being 21 months increment for a period between July 1 to March 31,2024 that is due and owing to the petitioners as per attached schedule dated March 31,2023 and to continue Making payment there after,” Kurauka told the court.
The lawyer further urged the court to issue an injunction to prevent the respondent the respondents from discriminating against all petitioners in respect of; There employment contract audience and participation , pension scheme, fair arbitration and dispute resolution mechanisms, training and development opportunities annual increment working conditions.
Kurauka pointed out other grounds that he felt were unconstitutional and urged the court to grant his orders as sorted.
While delivering the Judgement, Principal Judge Byram Onyanga said that the respondents defense was considered and clarified that it confirmed the petitioners miseries.
The Judge ruled that the Kurauka’s ground of his clients were suffient.
” The declaration that the respondent has infringed the petitioners rights under article 27 of the constitution which guarantees the petitioners the right of equality and freedom from discrimination against the petitioners,” the Judge ruled.
The Judge further said that the petioners rights to join a trade union were violated as its not the work of the petioner to decide on whether employees should join the union but its the work of the of the trade unions to recruit members.
The Judge also gave an injuction preventing the respondents from implementing its new human resource tools until the same are subjected to public participation and consultation.
He also directed that the respondents pay all the dues it owe to the petioners as sorted in the suit by 01/10/2024.
” That the respondent has never given the criterua used to give and pay salary increaments and other staff and discriminate the petiotioners and that the respondents stuck to the advisory from SRC and refused to provide a counter proposals as required by the law and also that respondent confined clause 12 of his affidavit that indeed an advisory and not a counter proposals, the respondent is also directed to pay the petioners the said amount by 01/10,2024,” he said.
