The law relating to citizenship and nationality is contained in the laws of Kenya under cap 179.
Citizenship refers to a person political allegiance to some state in reform for which he is offered protection by that state.
Ways of acquiring citizenship
By birth; born to the country
Descent; if the time of his/her birth the parents were citizen of that country
By registration; one may apply or register and be granted citizenship or one who has been in the country for at least 5 years and he/she is from a specified African country or member of common wealth countries may be granted citizenship upon registration.
Lose of citizenship
- If the citizenship was acquired through fraud, false or concealment of any material.
- When a person is in any case assisted the opponent during war revealing any secret concerning security of a country.
- When within 5 years of registration he/she has been convicted of an offence and sentenced for a term of 3 years and above.
Terms and conditions for employment
Many for Acts of Government
- Employment Act (chapter 226)
- Regulation of wages and condition Act (chapter 229); both the pieces of legislation make laws governing wages, housing, leave and rest, health and safety, the special session juevenism of women and termination of employment.
The latter Act in addition set up process through which conditions and wage of employment can be regulated by the Minister in charge of such matters.
- Factories Acts (chapter 514 in laws of Kenya); this particular piece of legislation deals with the health safety of the employees who work in the factories.
- Work men’s compensation Act (chapter 236 in the law of Kenya); these laws provide ways through which the employer could compensate the employee who is injured on job/duty.
Wages regulation
Employment Act itself does not make any permission to the amount to be paid to employees.
It does not stipulate the minimum of wages however through regulation of wages and condition of employment Act deals with this.
The employment Act merely required that the wages be paid to Kenyan money/currencies to employee himself or to a person wished by the employee.
Also the Act (employment) requires wages be paid in form accepted for reduction which are permitted by law.
Authorized deductions include:-
- NSSF
- Pension scheme
- NHIF
- PAYE
Conditions of the Employment
Under the employee Act every employee is entitled to the following rights:
- Housing; every employee has a right to a reasonable housing and accommodation; the accommodation should be at a place of work or nearby.
- Leave and rest; employees have the right to leave and rest, this may include annual leave and public holidays, sick, maternity, compensation etc.
- Food and water; under the employment Act, the employee has a right to adequate supply of clean water at work place, where employer provides accommodation/housing there should also be water to the employee.
Criminal liability of Agent or Employee of Employer’s penalty
- Reduction or damage or loss of property
It is fairly common to employers to change employees with the value of any property damaged or loss by employee.
Condition
- Employee must have deliberately caused the damage for loss.
- Employer must carry and properly investigate to ensure that the employee is reasonable for the damage.
- The employee must be given chance to explai8n his/her side of the story.
- Where the loss or damage amounts to a crime the employer must also report the matter to the office.
- The employer may also terminate the service if the loss or damage is serous.
- Absence of Duty
An employee is supposed to appear as agreed days even if there is no work to be done. He/she may stay away from work if there is a genuine reason but should get leave every time he/she need to be absent from work. However reduction can only be made if the employee is absent the whole days.
- Over – payment of wages or shortage of money
The employer may pay employee a short more than his/her wages by mistake; in this case, the employer may reduce over payment from employee future wages.
When employee causes loss of money entrusted to him or her due to carelessness or dishonesty. The amount of shortage may be deducted from the employee’s wages.
N/B: This only applies where the person was employed to deal with money, however an employee whose contract does not be forced to pay the money to that shortage work men.
Compensation Acts
This requires that employee or a person is injured or killed in course of his work be compensated or his/her dependant.
1. Medical attention
Employer is under a duty to ensure that medical attention is given when he notices that his/her employee is sick. It is also the duty to establish any sickness to be brought to his/her attention; employer is required to report to the labour officer or the district office any death of his/her employee.
Any belonging of the deceased should be delivered to any individual who is responsible to it.
2. Occupational disease
A work man who gets affected with the disease with the kind of work done is compensated. A certificate must be given by a medical practitioner in order for him to qualify as occupational disease. A work man who dies due to the disease is treated in the same way as one who suffered an accident during work.
Lodging for a claim
The processes of claiming compensation begin with giving notice of the accident or disease.
The employee is required to give notice to employer of what has happened under the work man Act.
The notice would be given before the end of 6 months from the date of accidents.
N/B: The employer also has a duty to report the accident or death to the district officer. After receiving a notice the employer should arrange for medical examination and treatment.
Factories Acts
Health and safety
The factory Act prohibit over crowding at work place.
The employer should ensure cleanliness, enough air, light and sanitary conveniences and drainage of factories.
The employer should protect employee against any dangerous machines, equipment or dangerous explosiveness.
