By Janet Nyamwamu
The Senate has been urged to implement stronger enforcement measures ensuring all workers promptly receive retirement benefits and statutory payments, following recommendations addressing delayed or unpaid employee entitlements.
Contributing to the debate on the report of the standing committee of Labour and social welfare presented before the House, Kisii Senator Richard Onyonka supported the recommendations but challenged lawmakers to go beyond routine reports and develop binding solutions to long-standing injustices affecting thousands of workers.
Onyonka said delayed remittance of deductions, gratuity, pensions and other retirement benefits had become a recurring national concern affecting employees in national government institutions, county governments, parastatals and private entities.
“The trend we observe is a consistent failure to remit money deducted for workers’ retirement benefits and legitimate dues,” he told the Senate, noting that many retirees continue to suffer despite having served institutions faithfully for decades.
The senator criticized what he described as a casual approach by institutions toward workers’ welfare, recalling cases where former employees spent years pursuing payments owed to them after retirement. He warned that failure to address the issue undermines trust in public institutions and exposes workers to financial hardship after years of service.
Onyonka linked the problem to broader historical injustices, citing victims of the 1998 Nairobi bomb blast who, he said, continue to struggle for compensation decades later due to legal and procedural limitations. He argued that Parliament should explore alternative mechanisms grounded in human rights and fairness where legal timelines prevent compensation through conventional processes.
“Some injustices go beyond statutory limitations and must be addressed through human rights considerations and common sense,” he said, urging lawmakers to establish frameworks capable of resolving long-standing compensation claims.
The senator further raised concerns over alleged mismanagement and loss of workers’ deductions in certain institutions, including cases where funds meant for employees were never remitted to statutory bodies. He faulted authorities for failing to pursue accountability against individuals responsible for the losses.
He also criticized county governments accused of delaying or failing to pay gratuity and pensions to former employees, sometimes years after they exited service. According to Onyonka, the Senate should consider legislative interventions to prioritize workers’ payments, including directing oversight institutions to ensure such obligations become a first charge on county allocations.
Among the proposals advanced during the debate was the establishment of stronger parliamentary follow-up mechanisms to ensure Senate recommendations are implemented rather than remaining advisory.
“We produce good reports, but our recommendations remain weak because they lack enforcement,” Onyonka said, urging committees to actively interrogate implementation gaps and ensure resolutions adopted by the House translate into tangible outcomes for citizens.
He further called for the creation of structured legal pathways, potentially through collaboration with the Judiciary, to guarantee that laws passed to protect workers’ benefits are enforceable and not contradicted by existing statutes.
The senator warned that persistent failure to resolve compensation disputes contributes to public frustration and erodes confidence in Parliament, noting that many Kenyans view delayed payments as evidence that government institutions do not treat citizens with dignity.
Onyonka maintained that ensuring workers receive their rightful dues should not be politicized, describing it as a basic matter of justice and economic fairness.
“When people work for 25, 30 or even 40 years, it is only natural that they receive their retirement and historical benefits,” he said.
While supporting the report and commending the committee for its work, the senator urged the House to “build the teeth” necessary to enforce its resolutions, arguing that Kenya’s credibility as a fair employer depends on how it treats its workforce.
The Senate is expected to consider the recommendations further as lawmakers push for reforms aimed at protecting employees’ rights and strengthening accountability in the management of workers’ benefits.