KENYA SOCIALIST
DEMOCRATIC ALLIANCE (KSDA)
Monday 30th June 2003
Another Retrenched
Kenyan worker speaks
I, Peter Maina Mbugua residing in Mombasa, Kenya has worked for 19
years with Kenya Power & Lighting Company (KPLC), the only distributing
and transmitting company of electricity in Kenya. I was employed as a junior
staff after which I joined the Trade Union. For 13 years I was rank
and file Member of the Union where I was also active in various industrial
struggles. In 1996 I was elected Branch Committee member of the Union
and two years later, I was elected Branch Chairman. I became vocal
in campaigning for the rights of workers in Coast Province. I
was later elected Regional Vice Chairman of our Central Organization of Trader
Unions (COTU).
In 2001, I was elected Executive Branch Secretary and contested for the National
Deputy General Secretary but was rigged out and later dismissed through retrenchment.
During my time in the Labour movement, I participated in activities related
to labour matters such as organizing demonstrations, strikes, labour day
celebrations, Education of workers, sensitization of workers etc. Due to
my activity activity in the Union, I lost my job in March 2002 in a
well organised retrenchment scheme that victimized activists.
To highlight a few of your questions in the best of my knowledge, I will
state as follows: - The period of retrenchment started in 1995 in different
versions and in 1998, workers began to be dismissed under a Program of "reduction
of staff". Major reasons that were given for the retrenchments were medical,
poor performance and discipline. However, victimization and political reasons
played a big role in the retrenchments. The retrenchments were co-ordinated
by people in the government. The government, through the Permanent Secretaries
co-ordinated with employers and Company management to retrench workers. These
retrenchments were the direct results of IMF and World Bank programs.
At the moment, workers are trying to reorganize themselves to sue both the
government and companies. Retrenched workers are demanding that they be reinstated
while they also want compensation from the government as a result of loss
of income due to the retrenchments which have cause great suffering to families
of the retrenchees. Top government officials and Company managements do realise
the difficulties facing retrenchees. In the process, they are trying to avoid
the issue of reinstatement and compensation. They have also blocked the media
from highlighting the crisis. In cases where there have been media breakthroughs,
the reports have been distorted thereby giving a different story from what
is reported by the workers.
The state of the retrenched workers is pathetic. Workers have died out of
frustrations following abrupt loss of income, others are sick while others
like myself are experiencing difficulties due to accumulated frustrations.
There was no clear negotiations before the retrenchments and what this means
is that workers were not paid their full dues. The problem is that our Union
was colluding with representatives of all affected Industries to get rid
of all Trade Union activists as a way of silencing the workers especially
those who were opposed to the retrenchments. It is notable that strong Unions
like the Local Government and Teacher's Unions did not experience any retrenchment
of their employees because from their strong bargaining bases, the Unions
kept threatening the government with massive actions by workers from their
Unions. In our case, there were small isolated protests which died due to
lack of political support.
Our future is gloomy because the current government is against any move aimed
at bringing the issue of retrenchments on the political scene. We are trying
to organize retrenched workers in different industries and form a strong
body. However, this needs a lot of time and support from friendly organizations.
We also need to get a way of getting information about our struggle in the
media together with help with legal matters because we are intending to take
court action. We don't have much options in the face of limited resources.
We have an idea of running a parallel congress to fight for our rights and
to use it to try and change the way things are running at the moment. The
retrenchees have elected a representative to help in coordinating work for
the realization of the following demands:
1. Payment of dues and compensations for years of work.
2. Payment of Pensions and provident funds which have not been paid despite
the fact that workers qualify for them.
3. Amendment of the law so that workers can be paid their social contributions
before attaining the age of 55 if they lose their jobs for any
sort of reason.
4. Abolition of the IMF/World Bank sponsored retrenchments Programs that
are creating a lot of suffering to many families.
Currently I have managed to coordinate retrenchees from my industry
(Electrical) and we are meeting regionally once every week and Nationally
every fortnight. We are also in the process of seeking a Court order to be
allowed to sue the government and Kenya Power & lighting Company and
our lawyer has told us that we have enough ground to win the case.
We need to do a lot of lobbying locally and internationally. Locally,
we have managed to create awareness among the public but this is not enough
as we are operating with very limited resources.
We are also looking into possibilities of how we can get progressive MPs
to take up the matter and raise it in Parliament. This will not only help
to bring our plight in the public lime light but will also go a long way
to give our plight a national exposure. We are appealing to individuals,
locally and internationally to show solidarity with our plight. We are appealing
to the International Working class Movement to give us support because we
are suffering. We are ready to struggle because we have no other option.
The prospects of starving to death as a result of the retrenchments are very
alive and since we have nothing else to lose, we have decided to get organised
as a way of addressing our problem.
Yours faithfully,
MR. MAINA MBUGUA
Retrenched Worker in Kenya.