FKE faults State’s move to end couples’ contracts

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By Luke Anami

The Government is likely to clash with the International Labour Organisation (ILO) should it implement the circular that requires one partner of married couples working in the civil service to quit employment by the end of September.

The directive by the Ministry of Finance PS Joseph Kinyua flouts ILO Convention No 169 on Employment policy Recommendations of 1984.

"This is unconstitutional and flouts the ILO convention’s employment policy. It breaches the freedom of contract and is thus discriminatory," says Ms Jacqueline Mugo, the Federation of Kenya Employers (FKE) chief executive officer.

The convention calls on employers to examine and consider the bearing of economic and financial policies upon employment policy in the light of the fundamental objective that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and spiritual development in conditions of freedom and dignity, of economic security and equal opportunity. "How do you use the marriage couples as one of the criteria for terminating an employee’s services when it is not one of the requirement of the Employment Act?" she asked.

The ILO convention calls on member states to take measures to enable the progressive transfer of workers from the informal sector, where it exists, to the formal sector.

Stiff opposition

The ministry’s move if implemented will push Kenyans back to the informal sector, a move likely to receive stiff opposition from the employers and workers representatives. Arguing that it is unfair and against human rights, the employers suggested it would have been better if the said staff were transferred within the ministry.

"There is no clause in our labour laws supporting the exercise. Marriage is not listed as a reason for termination in the Employment Act 2007.

"And if the basis of the circular is corruption, the law does not support termination of employment on the said grounds, " said Ms Mugo.

Questions are being raised on whether one is employed on the basis of marriage or professionalism.

The circular sets a dangerous precedent and puts fundamentals issues of employment at stake. If there is verifiable evidence to indict or link the degree of corruption to the presence of a spouse, it has to be prosecuted in a court of law.

Policy framework

The FKE boss questioned the recruitment procedures in the said parastatals, wondering why the couples are to blame, when the policy framework did not state so at the time of recruitment.

"The number of couples in some of the parastatals is big. This brings into question the hiring process and those in charge of recruitment," she said.

Mugo said those in charge should bear the blame and not the employed as the PS wants Kenyans to believe.

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