By Janet Nyamwamu
The Senate received recommendations urging enhanced enforcement measures to guarantee workers receive their retirement benefits and statutory payments promptly, focusing on addressing persistent delays in employee entitlements.
During discussions on the standing committee of Labour and social welfare report presented to the House, Kisii Senator Richard Onyonka endorsed the recommendations but stressed the need for lawmakers to move beyond standard reports and create binding solutions for ongoing injustices impacting numerous workers.
Onyonka indicated that delayed remittance of deductions, gratuity, pensions, and other retirement benefits had become a recurring national issue affecting employees across various sectors including national government institutions, county governments, parastatals, and private companies.
“The pattern we see involves consistent failures in remitting funds deducted for workers’ retirement benefits and legitimate dues,” he stated to the Senate, noting many retirees continue facing hardship despite dedicating decades of service to these institutions.
The senator criticized what he termed as casual attitudes toward workers’ welfare from institutions, recalling instances where former employees spent years attempting to secure payments due after retirement. He warned that neglecting this issue erodes trust in public institutions and leaves workers financially vulnerable after their years of service.
Onyonka connected the problem to broader historical injustices, referencing victims of the 1998 Nairobi bombing who continue fighting for compensation decades later due to legal and procedural obstacles. He suggested Parliament explore alternative approaches based on human rights and fairness where legal barriers prevent conventional compensation processes.
“Some injustices exceed statutory limitations and require addressing through human rights principles and basic fairness,” he argued, calling for establishment of frameworks capable of resolving long-standing compensation claims.
The senator further expressed concern about alleged mismanagement and loss of workers’ deductions in certain institutions, including situations where funds intended for employees were never transferred to statutory bodies. He criticized authorities for failing to hold individuals accountable for these losses.
He also took aim at county governments accused of delaying or neglecting to pay gratuity and pensions to former employees, sometimes years after their service ended. According to Onyonka, the Senate should consider legislative actions to prioritize workers’ payments, including directing oversight bodies to ensure such obligations receive priority in county allocations.
Proposals raised during the debate included establishing more robust parliamentary follow-up mechanisms to ensure Senate recommendations are implemented rather than remaining advisory.
“We produce excellent reports, but our recommendations lack impact because they lack enforcement power,” Onyonka stated, urging committees to actively investigate implementation gaps and ensure House resolutions translate into tangible outcomes for citizens.
He additionally called for creating structured legal avenues, potentially through collaboration with the Judiciary, to guarantee that laws protecting workers’ benefits are enforceable and not contradicted by existing statutes.
The senator warned that persistent failure to resolve compensation disputes fuels public frustration and diminishes confidence in Parliament, noting many Kenyans view delayed payments as evidence that government institutions fail to treat citizens with dignity.
Onyonka maintained that ensuring workers receive their rightful entitlements should not be politicized, describing it as a fundamental issue of justice and economic fairness.
“When individuals work for 25, 30 or even 40 years, it is only reasonable they receive their retirement and historical benefits,” he stated.
While supporting the report and praising the committee’s work, the senator urged the House to “develop enforcement mechanisms” necessary to implement its resolutions, arguing Kenya’s standing as a fair employer depends on how it treats its workforce.
The Senate will continue reviewing the recommendations as lawmakers push for reforms aimed at safeguarding employees’ rights and strengthening accountability in workers’ benefits management.