The Kenya Literature Bureau (KLB) is currently facing significant challenges.
Multiple legal suits involving the organization’s management have surfaced, accusing the KLB of payment disputes, discrimination, and unfair treatment at the workplace.
These issues have raised concerns about the agency’s leadership and organizational structure.
Among the prominent complaints is a petition alleging that the current managing director, Victor Lomaria, remains in office unlawfully despite completing his second and final term last year.
This petition, brought forth by Catherine Wanjiru Njuguna, also questions recent appointments and changes within the KLB that were executed without the approval of the Public Service Commission.
The Employment and Labour Relations Court has recognized the urgency of these matters, setting a date for the hearing.
Privatization
The Kenya Literature Bureau (KLB) is one of the 11 state corporations set for privatization under the 2023 programme.
This move by the Kenya Kwanza administration has faced challenges, particularly from the opposition ODM party.
HR Reorganisation
KLB has implemented a new organizational structure without apparent approval from the Public Service Commission (PSC). The PSC typically has the authority to approve, review, and make recommendations regarding human resource policies.
Despite this, the KLB board approved the reorganization to better align with core activities.
New directorates
- Publishing and production: Technical functions related to publishing and production have been grouped under this directorate for improved coordination.
- Finance and commercial services: This directorate includes functions like finance, marketing, business development, customer service, and planning. The goal is to enhance synergy and better manage shared resources.
Concerns and accusations
Ms Wanjiru has voiced concerns that KLB’s staff were not involved in developing the new organizational structure. Key stakeholders such as unions, non-management employees, management, senior management, and the board were not consulted.
Leadership issues
Questions have also been raised regarding Mr Lomaria’s role at KLB. Appointed in September 2016 and having completed his final term in September 2022, his authority to conduct business on behalf of KLB has been contested.
New HR instruments
A recent internal memo from the Kenya Literature Bureau (KLB), dated June 28, 2024, has sparked significant controversy regarding its new Human Resource (HR) structure.
The changes include the implementation of new HR instruments and appointments, which have been challenged for their lack of fairness and transparency.
One point of contention involves several staff members who were expected to be granted permanent tenure but remain on temporary terms.
Allegations have arisen that the Managing Director (MD) handpicked preferred candidates for new positions, bypassing competitive and merit-based processes.
This has led to accusations of favoritism and the appointment of individuals without the necessary qualifications or proven performance records.
Key concerns raised:
- Irregular appointments: The new appointments are seen as an attempt to secure court and staff approval for irregular promotions.
- Ignoring seniority and qualifications: Junior staff members were promoted to senior positions, overlooking more qualified and senior employees.
- Fair Administrative Action Act: The lack of following proper procedures is said to be contrary to the Act and the criteria for public sector appointments.
Also, a separate issue has been raised by 35 unionized employees from the Kenya Union of Printing, Publishing, and Allied Workers (Kupripupa).
These employees claim discrimination and unfair treatment compared to their non-union counterparts. They have petitioned for equal treatment, especially concerning employment contracts, participation rights, and pension schemes.
Moreover, they demand a salary increment totaling Sh16.9 million for a period of 21 months, accusing KLB of discriminatory practices and unequal treatment.
Collective bargaining agreement (CBA)
The employer has delayed the execution of the Collective Bargaining Agreement (CBA) with the union, which has significantly impacted the workers.
The new CBA is overdue, and these delays have left union members at a disadvantage.
Mr. Fredrick Koech reported in an affidavit that efforts to get the employer to execute the CBA have been unsuccessful. Union members face further challenges when applying for emergency funds. Their requests are often denied, whereas non-union staff receive prompt approvals.
Discrimination against union members is another critical issue. According to Mr. Koech, there have been no promotions for union members over the past five years, while non-union staff benefited from promotions.
Moreover, workers have accused the employer of failing to pay rightful overtime dues. The employer applies lower rates for union members compared to those who left the union. This practice violates sections of the Employment Act, which mandates that an employer must pay the entire amount of wages earned for work done.
Union members argue that they are entitled to overtime pay at a rate of 1.5 times the regular hourly pay. This applies to services rendered beyond the regular eight-hour workday.
Therefore, for every additional hour worked, employees should receive 1.5 times their hourly wage.
These ongoing issues reflect significant challenges in the implementation and enforcement of the CBA. They highlight the importance of fair treatment and legal compliance in labor relations.
Proper adherence to agreed terms is crucial for the well-being of union members and overall workplace harmony.