A host of legal tussles relating to payment rows, discrimination, ethnicity, and bad blood at the work place are facing the Kenya Literature Bureau and its Chief Executive Officer. The latest involving a raft of prayers among them a declaration that the MD is holding office illegally after completing his second and final term last year, is coming up for hearing on Tuesday.
Legal Disputes and Allegations
Tenure and Organizational Structure
Catherine Wanjiru Njuguna has filed a petition to quash the new organizational structure of KLB and appointments made by the board on grounds such moves are unconstitutional as they lacked approval from the Public Service Commission. Employment and Labour Relations Court judge Anna Ngibuini Mwaure has certified the petition as urgent and fixed July 9 for hearing.
Newly introduced HR instruments and organizational changes which included the reorganization of the publishing and production functions and consolidating business support roles under the finance and commercial services directorate, Wanjiru avers took place without any public participation or stakeholder involvement.
Unconstitutional Appointments
The petitioner has further complained that the tenure of Victor Lomaria as MD expired in September 2022 and that he remains in office illegally. Further, Wanjiru says most of the staff that ought to be confirmed on permanent terms are still on probationary terms, while Lomaria is accused of having cherry-picked his favourite candidates without competitive and merit-based inconsistencies.
Broader Workplace Issues
Discrimination and Unfair Treatment
In a different matter, 35 union employees, members of Kenya Union of Printing, Publishing and Allied Workers, accuse KLB of discriminating against and treating them unfairly compared to non-unionized employees in salary increments. The workers are suing for Sh16.9 million in salary increments for a period of 21 months and want the court to compel KLB to cease discrimination against them through employment contracts, audience, participation, pension schemes.
Collective Bargaining Agreement (CBA)
Union members complain that the employer has delayed the Collective Bargaining Agreement process to their disadvantage since the new CBA is long overdue. The employees claim that KLB discriminated against them by failing to promote them in the last five years; they have not paid rightful and reasonable overtime dues for the union members. Union members claim that the employer applies differential and lower overtime rates for union members unlike other non-union staff.
Call for Fair Administrative Practices
These petitions raise questions on KLB’s operations with regard to transparency, fairness, respect for the law, and the Constitution. Staff concerns underline the points raised on the need to treat all staff fairly, recruit staff competitively, and implement HR policies properly.