Parliamentary scrutiny must produce good law

Despite fashioning and passing the most comprehensive and progressive labour laws, Government has had to watch as strong legal challenges from employers push worker’s rights back to the status quo or worse.

The fate of a raft of legislation introduced to improve worker’s welfare — the Occupational Safety and Health Act, the Work Injury Benefits Act, the Employment Act and the Labour Relations Act — has been troubled since a partial implementation on January 1 last year. Statutory offices meant to operationalise the laws are yet to be created, but this is the least of the problems facing them.

The biggest blow was a significant ruling this month by Justice Jacktone Boma Ojwang’ nullifying nine sections of the Work Injury Benefits Act. Justice Ojwang’ found that provisions in the law, such as one requiring employers to offer workers insurance cover from a pool of underwriters approved by the Labour Ministry, were unconstitutional.

As the Attorney-General has filed a legal notice challenging this judgement, the Court of Appeal will soon have the final say on the controversial labour law.

Not Anarchy

Whatever the court’s decision, the sorry saga of the Ninth Parliament’s attempt at reforming labour relations should be a lesson learnt in proper lawmaking.

Lawmakers have the onerous duty of ensuring the laws they pass can stand the scrutiny of the governed and the courts. In this case, they have offered up a troubled statute that promises reform it may never deliver.