On 17th October 2023, Ms. Jacqueline Mugo, Executive Director and CEO Federation of Kenya Employers presented a Memorandum on the Employment (Amendment) Bill, 2023 to the Parliamentary Committee on Labour at the BOMA Hotel, Nairobi. She was accompanied by the FKE National Vice President. Mike Macharia and some of the FKE Senior Management team.
In her submission, Ms. Jacqueline Mugo called upon the Departmental Committee on Labour to shelf the Employment (Amendment) Bill 2022 in its entirety “The Federation of Kenya Employers (FKE) does not agree with the proposed amendments in the Employment (amendment) Bill, 2022 (Senate Bills No. 11 of 2022). As such, FKE submits that the parliament refrains from passing the Bill on the basis that the proposed amendments will hamper the development and operations of the enterprises, job creation and the Labour market and jeopardize harmonious Industrial Relations in Kenya” She said
She further noted that some of the clauses in the proposed bill were retrogressive and did not put into account the changing work environment. Equally, she noted that there is no problem that the Bill seeks to address since there are already established government policies that guide the labour sector. Additionally, the spirit of the Bill does not appreciate the changing working trends such allowing flexible work environments or arrangements such as virtual and homework stations.
Ms. Mugo noted the high level of informality in Kenya and the need to formalize the informal economy to create more and better jobs. “The Bill introduces changes that will make it difficult to persuade the informal enterprises to join the mainstream economy for the country’s general growth and decent work. The Decent Work Agenda Country Programme that Kenya has adopted, if properly implemented, will support formalization of the informal sector and hence increase the revenue collection for the Government to meet its development priorities” said Ms. Mugo.
On his part, Mr Mike Macharia, the FKE National Vice President said that most issues that the Bill introduces are covered in the Collective Bargaining Agreements (CBAs) and employers are keen on measures that will address future of work “As employers, we would support initiatives that would address the future of work, progressive labour practices and enable the country to provide a competitive edge that can compare with global trends,” added Mr. Macharia.
The Departmental Committee on Labour Chairperson, Hon. Muchangi Karemba who was presiding over the session, reaffirmed that the committee will consider all views presented before it.
The Parliament’s departmental committee on labour also received views from COTU , KPSA, Public Service Commission , the State Department of labour and the Law Society of Kenya. After receiving the views from all stakeholders, the committee will retreat to make final recommendations to the National Assembly for adoption.
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