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Employment and labour relations court

Kenya was too quick to dismiss Karl Marx and his ideologues. Capitalism was taken wholesomely as Kenya became independent state. Knowing or without knowing, those who were against it were condemned and exposed to public scorn at the behest of capitalism. Simply, what we need to know is that capitalism is good in making an economy work. It is structuralised and mechanised in accumulating wealth for a nation such as Kenya. Kenyan people are known as hard working and very dynamic in producing wealth. What is so strange is that many Kenyans live in poverty, misery, alienation and state of hopelessness. While capitalists accumulate wealth for themselves to an extent that make Kenya appear one of the up-coming middle income societies in our day. Nairobi authorities keep on expanding roads because there are too many cars that the city cannot hold at its actual state. Expansive glass houses are being built at a speed that the population growth cannot comprehend. No more space for farming as capitalists have turned land into pure property. Animal farming in Nairobi is being put into a hault due to need for capitalists to invest on every space.
As Kenya is witnessing the magics of capitalism it is true that joblessness is apparent. Poverty level is high rocketing. Workers are faced with gloom. Civil servants fear sack any time the government decides to do so. Machines are being installed to do the work hundred men and women would do. Teachers are the most exploited lot because capitalists do not need their services after delivering their valuable services and getting the wealth out of their painful labour. The risk comes when political leadership is fully engulfed in capitalism and can only see wealth accumulation rather than the rights of the worker. Remember behind every production there must be a worker labouring. Somebody somewhere is ensuring that wealth is produced. The worker is not involved in deciding how that wealth is shared among members. It is the government and its arms that make such capitalist decisions while workers are totally alienated from the fruit of their labour.
The best teachers and other wage earners can do is to lay their trust in trade unions for collective bargain. The constitution stipulates that anybody aggrieved must seek justice in court. Going to court in Kenya has become so easy for many desparate workers whose rights have been violated by employers. Employment and Labour Relations Court is full of such cases to determine. But unfortunately, those who support and benefit from capitalism shall not allow courts to conduct fair trial and arrive at equitable decision. It is contrary to the design of law to defend and protect the weak in society. In Kenya, the law is designed to protect and defend the capitalists.
Politics also takes its toll. Those who are supposed to represent the voice of the poor in Parliament have become themselves capitalists. Remember that Parliament is in full participation whenever MPs are debating their salaries and remunerations. Sometimes Parliament lacks forum whenever a motion to discuss social and economic rights of workers is tabled. The speaker Hon. Muturi told the public that Parliament is not really concerned with the strike of teachers. Wow! What a statement! It is to tell us that Parliament has no business with inequality and social justice in Kenya.
Now the Court has ruled that teachers should go back to work and stopped the strike for 90 days. This is ridiculous and it is the game of capitalists. Threaten them with sack and put them in pain while you gain from their hard labour. Marx had already foreseen this situation some centuries back. A worker is alienated from the fruit of his or her labour. A worker lives under the shadow of the wealth he or she helps to create. The capitalist that manages sector of production and collects revenues make sure that the share is done among equals and not among all. The same government that ordered the indefinite closure of all schools is now ordering the re-openning since the court of law has ordered. When the same court of law ordered teachers to be paid the increment and the government refused, workers had to witness the arrogance and tyranny of capitalism. Only some handful of members of the opposition have seen this oracle of marxism versus capitalism. But even here some politicians are not sincere. It is not their turn to eat. When some of them were in the same government, little was done to bring change. Now that they are out of power, Marx had a point and we must be in solidarity with the striking teachers. When will Kenyans stop this unpredictable kind of politics? When will the government engage dialogue and listen to all voices? When will the Commissions concerned with setting up frameworks for salaries sit and reason?
An economy built on pure theories of capitalism will always bring stalemate across the board. There must be some souls that may uphold the rights of workers. It is strange in Kenya that even religion has lost its head in the crazy capitalism world. Civil society died long time ago in Kenya and has been buried in the cemetry of laws. Public Benefit Organisations Act was enacted 7 years back but has never been implemented till today. Students who want to study the wrath of capitalism versus socialism should conduct their research in Kenya.
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About Peter Onyango

Dr. Peter Onyango O. is one of our main contributors. He is a senior law lecturer, a writer, a consultant, peace ambassador, and a researcher. He assists so many professionals, legal minds, and debaters with his skills and scholarly wealth! He supports children and village community as a way of giving back to community. He edits, proof reads, and publishes various articles for our page!

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