In Summary;
- Petition
- Rejoinder – Elections Manager
Bungoma Senatorial by-election that was held on 8th Dec 2022 was occasioned by the resignation of Hon. Moses Masika Wetangula in favor of the position of Speaker of the National Assembly. IEBC therefore hired temporary staff who now claim the County returning officer assured them of getting their pay on/by 25th Dec 2022 which would have been an improvement to what happened during the August general elections.
Due to delays County IEBC formed a group for the disgruntled temporary staff to ease communication but unfortunately it turned out to be an online prison where they rant for all they cared with no response from their bosses while being restricted to address the issues outside. At times members were restricted from commenting allowing admins only and when they visited IEBC offices they found them unmanned with watchmen giving flimsy excuses on their whereabouts.
One David Lusweti Namai had swallowed enough crap from his bosses opted to draft a detailed hard-hitting petition while his colleagues continue planning a demonstration scheduled for Wednesday 1st Feb 2023 to display their frustrations.
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PETITION FOR THE PAYMENT OF WAGES FOR BUNGOMA INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (I.E.B.C.) TEMPORARY STAFF AND REMOVAL/REDEPLOYMENT OF THE COUNTY ACCOUNTING STAFF
25th JANUARY, 2023
TO: THE CHIEF EXECUTIVE OFFICER,
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (I.E.B.C.),
HEAD OFFICE,
ANNIVERSARY TOWERS,
NAIROBI.
THE COUNTY ELECTIONS MANAGER (C.E.M)/
COUNTY RETURNING OFFICER (C.R.O),
INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (I.EB.C.),
BUNGOMA COUNTY.
I the undersigned, DAVID LUSWETI NAMAI, a citizen of the Republic of Kenya and a defender of the Constitution and the Laws of Kenya, a resident of Bungoma County do hereby state as follows;
1. THAT on 8th of December, 2022, I was employed as a Select Election Trainer (SET) and as a Presiding Officer (P.O.) at Kikwechi Primary School on a temporary basis in the recent Bungoma Senatorial By-Elections that were held on the 8th of December, 2022.
2. THAT I was also employed on a temporary basis as a Deputy Returning Officer (II) on a temporary basis in the 9th August 2022, General Elections, It is by virtue of this position that I present this petition on my behalf and on behalf of other temporary staff whom I wish to keep anonymous due to fear of being victimised and missing out on future opportunities with the Commission.
3. THAT the complaints here touch on the delayed payment of wages after completion of the election exercise.
I Draw the attention of the Commission to the following:
4. THAT the temporary staff have right to access information as per Article 35 (1) (a) and (b).
5. THAT the rights of the temporary election staff have been infringed as enshrined under Article 41 of the Constitution of Kenya as to fair remuneration.
6. THAT in terms of when wages or salaries fall due, the temporary staff of the commission fall under Section 18 of the Employment Act, 2007 which provides that:
“18. (1) Where a contract of service entered into under which a task or piece of work is to be performed by an employee, the employee shall be entitled:
(a) when the task has not been completed, at the option of his employer, to be paid by his employer at the end of the day in proportion to the amount of the task which has been performed, or to complete the task on the following day, in which case he shall be entitled to be paid on completion of the task;”
7. THAT from the foregoing the temporary staff were engaged to conduct the Bungoma Senator by-elections on the 8th of December, 2022. The by-election was duly conducted and the winner declared on the 9th of December, 2022 in which case the task was completed and the temporary staff entitled to pay.
8. THAT further Subsection 18(2)(b) provides that:
“Subject to subsection (1), wages or salaries shall be deemed to be due
(b) in the case of an employee employed for a period of more than a day but not exceeding one month, at the end of that period.
9. THAT from the above it is clear that IEBC temporary staff were employed for a period of more than a day but not exceeding a month hence their wages were due at the end of the election of period, which lapsed when the results from the polling stations were submitted to the respective Constituency Returning Officers.
10. THAT the temporary staff were also duly cleared upon return of election materials at their respective Constituencies Tallying Centres on or about the night of the 8th and the morning of the 9th of December, 2022, hence ceased being temporary employees of the commission.
11. THAT further, Section 18(5) of the Act provides that:
“Upon the termination of a contract of service-
(a) by effluxion of time, it shall be the duty of the employer to ensure that the employee is paid the entire of the wages earned by or payable to the employee and of the allowances due to him as have not been paid;”.
12. THAT from the above, it can be further discerned that the contract of service of the temporary staff terminated by effluxion of time, that is upon the conduct of the by-election exercise, clearance of materials at the Tallying Centres and declaration of results.
13. THAT it is worth noting that as of the date of this letter it is over a month since the expiry of the temporary contracts of employment.
14. THAT on various occasions notably during opening and closing plenary sessions for the training of Select Education Trainers (SETs) at St. Francis Pastoral Centre Kabula and training of Presiding Officers and Deputy Presiding Officers at Kibabii University, the County Election Manager (CEM) intimated that funds were already available and that each person will get paid before Christmas without inordinate delay experienced during the August 9th General Elections where payment delayed.
15. THAT the collection and confirmation of individual bank account numbers, KRA PINS and NSSF numbers were fast tracked in order to actualise payment, an indication that payment will be released without delay on or before the 25th of December, 2022.
16. THAT during an informal party at the Salmond Hotel for Kanduyi Constituency SETs, the Deputy County Returning Officer, DCRO, Mr. S. Kapchanga reiterated this fact and confirmed an undertaking from the County Returning Officer, CRO/CEM, Ms. Grace Rono, that funds are available and everyone will have money to enjoy Christmas with their family.
17. THAT it is now weeks after the magical Christmas day and no communication and/or explanation from the office of CEM has been forthcoming.
18. THAT a similar trend was witnessed after the conclusion of the August 9th 2022 General Election.
19. THAT after the training for Returning Officers, Deputy Returning Officers (DRO I) and Deputy Returning Officers II (DRO II – Temporary Staff) in the Kakamega Cluster at Golf Hotel Kakamega, the CEM instructed the Bungoma County IEBC Accountant, Mr. Edwin Otieno to work towards paying the DRO IIs part of the pay for the two months already worked so that they can be able to take care of their families.
20. THAT nothing was forthcoming from the said Accountant, Mr. Otieno until October, 2022. There was no communication or explanation whatsoever causing a lot of pain and emotional stress on the part of the staff.
21. THAT even after payment finally came, the temporary staff banking with Co-operative Bank of Kenya had to wait for a further one month before they could receive their wages, from information received, which information the petitioner believes to be true was occasioned by the inefficiencies and callousness occasioned by the Accounting team at the County Offices.
22. THAT the Accounting Staff have vehemently refused to comply with instructions from the County Elections Manager issued on various instances as stated above, amounting to acts of insubordination.
23. THAT despite the Huge Financial Allocations to the Commission by Parliament of Kenya, to guarantee a commission that is reformed, professionally motivated, people friendly, open, relaxed and honest with one another and the public, the Accountants of IEBC Bungoma Offices continue to be cited by majority of temporary staff as unwilling to implement measures aimed professionalizing the commission, improving the welfare of all temporary staff to ensure future retention. There are shocking incidents of rising cases of stress, psychological suffering and pain, majorly attributed to suffering/mistreatment of the temporary staff by the incompetent staff of the commission.
24. THAT unless the aforesaid Accountant of the Bungoma County IEBC office is removed from office, the Public Confidence in the Independent Election and Boundaries Commission (I.E.B.C.) and enhanced election management by a professional election management body in Kenya will wane and put the public trust in whole commission into contempt.
Henceforth, your humble petitioner prays that, the Commission finds;
25. THAT there has been an inordinate and unexplained delay in the payment of wages for the entire body of temporary staff engaged in Bungoma County Senatorial By-elections.
26. THAT the Commission forthwith releases the payments of the temporary staff without further delay.
27. THAT the Commission releases Itemised Pay Statements and Statements of Statutory Deductions to each temporary staff as per Sections 20 and 21 respectively of the Employment Act, 2007.
28. THAT the entire Bungoma County Accounting staff led by Mr. Edwin Otieno, are incompetent to perform the duties of Accountants for the Independent Electoral and Boundaries Commission (I.E.B.C.).
29. THAT the Commission be pleased to find that, this petition discloses overwhelming grounds for the removal or redeployment of the above entire team of Accountants of the Bungoma County Office.
And your petitioner will ever pray
Rejoinder:
In a rejoinder the County Elections Manager Ms. Grace Rono informed ikuweikuwe.com that her office is waiting for the very funds as she asked the aggrieved to exercise patience.
