Pay row: Dock workers want KFS top officials jailed

Dock Workers Union Secretary-General Simon Sang at a past press briefing. Mr Sang swore an affidavit to support calls to commit KFS top officials to civil jail for contempt. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • The employees, through advocate Leonard Ochieng, accuse Mr Kenga and Mr Gowa of processing and approving a payroll which did not factor in the salary increase.
  • The employees had filed a suit against KFS seeking a 39 per cent pay rise but the court instead awarded them 20 per cent.
  • The disputed items are basic salary, house, transport, leave and travelling allowances.

Kenya Ferry Services (KFS) employees want the agency’s top officials committed to civil jail for failing to implement a 20 per cent salary increase awarded by the labour court.

The employees, who are members of Dock Workers Union (DWU), have instituted contempt proceedings against KFS Managing Director Bakari Gowa and Head of Human Resources Thomas Tuva Kenga.

They are accusing Mr Gowa and Mr Kenga of failing to effect the salary increase as had been ordered by Employment and Labour Relations Court Judge James Rika.

“The respondents have disobeyed a lawful order of this court and such actions are sanctioned through committal to civil jail. The respondents have a tendency of disobeying court orders and serious sanctions are necessary,” the applicants said.

DISPUTED ITEMS

The employees, through advocate Leonard Ochieng, accuse Mr Kenga and Mr Gowa of processing and approving a payroll which did not factor in the salary increase.
The contempt proceedings against the two come barely two months after the court awarded the employees a pay rise based on the Collective Bargaining Agreement (CBA) that KFS had signed with members of the DWU.

Justice Rika had, on January 28, awarded the employees a 20 per cent basic salary increase over the period 2015-2019, spread evenly at five per cent in each of the four years.

The employees had filed a suit against KFS seeking a 39 per cent pay rise but the court instead awarded them 20 per cent.

They also wanted an order directing KFS to collect revenue from all its services, so that it can effectively fund the CBA.

The matter was taken to the labour court after the parties failed to agree on a number of items.

BASIC SALARY

The disputed items are basic salary, house, transport, leave and travelling allowances.

In an affidavit to support the contempt-of-court proceedings, DWU Secretary-General Simon Sang accuses Mr Gowa of authorising payment of salaries which failed to comply with the orders of the court.
He said that despite being served with the court documents detailing the increment, the two proceeded to make payments in disregard of the same.

“To my surprise, the two processed a payroll, approved and authorised payments, while disregarding the award of the court contained in the decree,” he said.
The contempt proceedings were certified urgent and fixed for hearing on March 16.