Connect with us

General

Court throws out petition against KEMRI on payment of allowances

Published

on

Loading...

[ad_1]

KBC-survey-feedback-poster

The Employment and Labour Relations Court of Kenya has thrown out a petition that sort to compel the Kenya Medical Research Institute (KEMRI) to pay all eligible workers extraneous allowances and any other allowances they are entitled to receive backdated to the date other workers were given the benefits and to provide for retirees who were in the service at the said period.

The petition filed by Okiya Omtata and Wycliffe Nyakina alleged that there has been discriminatory payment of health risk allowances, health service allowance, non-practice allowance, health workers allowance and health worker’s extraneous allowances at KEMRI.

Reacting to the petition, lawyer Peter Munge of MMC Africa Law, representing KEMRI said that the petitioners – Okiya Omtata and Wycliffe Nyakina are not and have never been employees of KEMRI and as such their claim is speculative and also based on unfounded allegations.

Mr Munge sort the court to decide on if the petitioners have the right or capacity to institute the proceedings.

Get breaking news on your Mobile as-it-happens. SMS ‘NEWS’ to 22163

He additionally argued that was a separate suit filed by the employees on the same cause of action, being Cause No. 1545 of 2018, pointing out that the court cannot hear two separate suits on the same subject matter and especially by one filed by parties in breach of Section 12 of the Employment and Labour Relations Court Act.

“The petitioners want KEMRI to pay the backdated allowances to employees who are not stated or disclosed in the petition or at all. The petitioners are also not privy to any employment contracts between the subject employer and employees and their claims generalized hence the respondents are unable to respond appropriately,” Mr Munge had argued in response to the petition.

Loading...

The MMC Africa Law Managing Partner also told the court that the issues in dispute have been determined in a previous suit, being Cause No. 1315 of 2013, and enforcement can only be in the said suit.

In his judgment on the matter on Friday, Justice Stephen Radido narrowed down the issues the court needed to determine on as whether the petitioners had locus standi- the right or capacity- to file the petition and whether the petitioners could prosecute the petition when the issues before the court had already been determined in another suit and with another suit pending before the same court on the same issue.

Justice Radido ruled that even though the petitioners are not employees of KEMRI, they had locus as the issue of discrimination in remuneration is provided under Article 41 of the Constitution and is therefore a matter of public interest.

“Even though the petitioners did not disclose the employees’ names, the court found that the employees are an identifiable class of persons,” Justice Radido said in his judgement.

On the matter of if the court can determine an issue which has previously been determined and where the issues are still pending in another suit before the same court, the judge ruled that the court cannot deliver a judgment where another matter with similar issues is still pending.

This is to avoid inconsistencies and embarrassment for the court.

The court therefore ultimately ruled that although the petitioners had locus standi to file the petition, it was an abuse of the court process and the petition was therefore dismissed with each party expected to bear its own costs.

This judgment comes shortly after the Court of Appeal recently overturned a July 18, 2014 judgement by the Industrial Court which had ruled that six doctors be awarded Ksh. 5 million each by the Kenya Medical Research Institute (KEMRI).

The six doctors working under KEMRI’s Wellcome Trust Research Programme had moved to court to seek action against the research institute for allegedly infringing on their constitutional and employment rights.



[ad_2]

Loading...
Continue Reading

General

Public officers above 58 years and with pre-existing conditions told to work from home: The Standard

Published

on

Loading...

Head of Public Service Joseph Kinyua. [File, Standard]
In a document from Head of Public Service, Joseph Kinyua new measure have been outlined to curb the bulging spread of covid-19. Public officers with underlying health conditions and those who are over 58 years -a group that experts have classified as most vulnerable to the virus will be required to execute their duties from home.

Loading...

However, the new rule excluded personnel in the security sector and other critical and essential services.
“All State and public officers with pre-existing medical conditions and/or aged 58 years and above serving in CSG5 (job group ‘S’) and below or their equivalents should forthwith work from home,” read the document,” read the document.
To ensure that those working from home deliver, the Public Service directs that there be clear assignments and targets tasked for the period designated and a clear reporting line to monitor and review work done.
SEE ALSO: Thinking inside the cardboard box for post-lockdown work stations
Others measures outlined in the document include the provision of personal protective equipment to staff, provision of sanitizers and access to washing facilities fitted with soap and water, temperature checks for all staff and clients entering public offices regular fumigation of office premises and vehicles and minimizing of visitors except by prior appointments.
Officers who contract the virus and come back to work after quarantine or isolation period will be required to follow specific directives such as obtaining clearance from the isolation facility certified by the designated persons indicating that the public officer is free and safe from Covid-19. The officer will also be required to stay away from duty station for a period of seven days after the date of medical certification.
“The period a public officer spends in quarantine or isolation due to Covid-19, shall be treated as sick leave and shall be subject to the Provisions of the Human Resource Policy and procedures Manual for the Public Service(May,2016),” read the document.
The service has also made discrimination and stigmatization an offence and has guaranteed those affected with the virus to receive adequate access to mental health and psychosocial supported offered by the government.
The new directives targeting the Public Services come at a time when Kenyans have increasingly shown lack of strict observance of the issued guidelines even as the number of positive Covid-19 cases skyrocket to 13,771 and leaving 238 dead as of today.
SEE ALSO: Working from home could be blessing in disguise for persons with disabilities
Principal Secretaries/ Accounting Officers will be personally responsible for effective enforcement and compliance of the current guidelines and any future directives issued to mitigate the spread of Covid-19.

Loading...
Continue Reading

General

Uhuru convenes summit to review rising Covid-19 cases: The Standard

Published

on

Loading...

President Uhuru Kenyatta (pictured) will on Friday, July 24, meet governors following the ballooning Covid-19 infections in recent days.
The session will among other things review the efficacy of the containment measures in place and review the impact of the phased easing of the restrictions, State House said in a statement.
This story is being updated.
SEE ALSO: Sakaja resigns from Covid-19 Senate committee, in court tomorrow

Loading...
Continue Reading

General

Drastic life changes affecting mental health

Published

on

Loading...

Kenya has been ranked 6th among African countries with the highest cases of depression, this has triggered anxiety by the World Health Organization (WHO), with 1.9 million people suffering from a form of mental conditions such as depression, substance abuse.

KBC Radio_KICD Timetable

Globally, one in four people is affected by mental or neurological disorders at some point in their lives, this is according to the WHO.

Currently, around 450 million people suffer from such conditions, placing mental disorders among the leading causes of ill-health and disability worldwide.

The pandemic has also been known to cause significant distress, mostly affecting the state of one’s mental well-being.

Get breaking news on your Mobile as-it-happens. SMS ‘NEWS’ to 20153

With the spread of the COVID-19 pandemic attributed to the novel Coronavirus disease, millions have been affected globally with over 14 million infections and half a million deaths as to date. This has brought about uncertainty coupled with difficult situations, including job loss and the risk of contracting the deadly virus.

In Kenya the first Coronavirus case was reported in Nairobi by the Ministry of Health on the 12th March 2020.  It was not until the government put in place precautionary measures including a curfew and lockdown (the latter having being lifted) due to an increase in the number of infections that people began feeling its effect both economically and socially.

A study by Dr. Habil Otanga,  a Lecturer at the University of Nairobi, Department of Psychology says  that such measures can in turn lead to surge in mental related illnesses including depression, feelings of confusion, anger and fear, and even substance abuse. It also brings with it a sense of boredom, loneliness, anger, isolation and frustration. In the post-quarantine/isolation period, loss of employment due to the depressed economy and the stigma around the disease are also likely to lead to mental health problems.

The Kenya National Bureau of Statistics (KNBS) states that at least 300,000 Kenyans have lost their jobs due to the Coronavirus pandemic between the period of January and March this year.

KNBC noted that the number of employed Kenyans plunged to 17.8 million as of March from 18.1 million people as compared to last year in December. The Report states that the unemployment rate in Kenya stands at 13.7 per cent as of March this year while it stood 12.4 per cent in December 2019.

Loading...

Mama T (not her real name) is among millions of Kenyans who have been affected by containment measures put in place to curb the spread of the virus, either by losing their source of income or having to work under tough guidelines put in place by the MOH.

As young mother and an event organizer, she has found it hard to explain to her children why they cannot go to school or socialize freely with their peers as before.

“Sometimes it gets difficult as they do not understand what is happening due to their age, this at times becomes hard on me as they often think I am punishing them,”

Her contract was put on hold as no event or public gatherings can take place due to the pandemic. This has brought other challenges along with it, as she has to find means of fending for her family expenditures that including rent and food.

“I often wake up in the middle of the night with worries about my next move as the pandemic does not exhibit any signs of easing up,” she says. She adds that she has been forced to sort for manual jobs to keep her family afloat.

Ms. Mary Wahome, a Counseling Psychologist and Programs Director at ‘The Reason to Hope,’ in Karen, Nairobi says that such kind of drastic life changes have an adverse effect on one’s mental status including their family members and if not addressed early can lead to depression among other issues.

“We have had cases of people indulging in substance abuse to deal with the uncertainty and stress brought about by the pandemic, this in turn leads to dependence and also domestic abuse,”

Sam Njoroge , a waiter at a local hotel in Kiambu, has found himself indulging in substance abuse due to challenges he is facing after the hotel he was working in was closed down as it has not yet met the standards required by the MOH to open.

“My day starts at 6am where I go to a local pub, here I can get a drink for as little as Sh30, It makes me suppress the frustration I feel.” he says.

Sam is among the many who have found themselves in the same predicament and resulted to substance abuse finding ways to beat strict measures put in place by the government on the sale of alcohol so as to cope.

Mary says, situations like Sam’s are dangerous and if not addressed early can lead to serious complications, including addiction and dependency, violent behavior and also early death due to health complications.

She has, however, lauded the government for encouraging mental wellness and also launching the Psychological First Aid (PFA) guide in the wake of the virus putting emphasis on the three action principal of look, listen and link. “When we follow this it will be easy to identify an individual in distress and also offer assistance”.

Mary has urged anyone feeling the weight of the virus taking a toll on them not to hesitate but look for someone to talk to.

“You should not only seek help from a specialist but also talk to a friend, let them know what you are undergoing and how you feel, this will help ease their emotional stress and also find ways of dealing with the situation they are facing,” She added

Mary continued to stress on the need to perform frequent body exercises as a form of stress relief, reading and also taking advantage of this unfortunate COVID-19 period to engage in hobbies and talent development.

“Let people take this as an opportunity to kip fit, get in touch with one’s inner self and  also engage in   reading that would  help expand their knowledge.

Loading...
Continue Reading

Trending