Chinese firm, workers dispute threatens progress of multibillion road project

A dispute between China State Construction Engineering Corporation, the contractor working on the Sh83.7 billion Isiolo-Modogashe-Mandera road, and workers on the Isiolo-Kulamawe stretch in Garbatulla is threatening to grind the mega project to a halt.

The employees have since February 26 been on strike, decrying the exploitation by the Chinese firm, poor working conditions and the company’s failure to honour a past agreement made during a June 14, 2023 stakeholders meeting at the Isiolo County Labour office.

Under the third agenda of the meeting on “Region Collective Bargaining Agreement (CBA) Rates”, it was agreed that if the union registers more than 50% +1 members, the contractor should use the CBA rates automatically.

The justification for the use of the CBA rates was because they were the same being used by building and construction companies in Kenya.

Representatives from the Kenya Building, Construction, Timber and Furniture Industries Employees Union (KABCEC) at the meeting supported a proposal by Isiolo Labour Officer Florence Karimi that “where the contractor is conflicted on the rates to use, the already established CBA rates for Isiolo and Meru counties would suffice”.

The issue of Minimum Wage Bill 2022 was also discussed at the meeting with Karimi and her Meru counterpart Catherine Kubai directing that the employer offers favourable terms to the workers, complies with the already established rates and standardizes them to avoid strikes and conflicts.

Among the workers' grievances are lack of clean drinking water, wrongful calculation of overtime, harassment by Chinese foremen and supervisors, refusal to effect increment of wages to conform with the CBA as agreed during the meeting and unpaid overtime arrears.

The Labour officer last Thursday, three days after the workers went on strike, convened a meeting at Garbatulla Deputy County Stephen Nyakundi’s office which was attended by community elders, contractor management, union officials, workers and resident engineer representatives.

A return-to-work formula was proposed requiring the construction company and KABCEC to sign a recognition and negotiating agreement following the fulfilment of the membership registration requirement by the union.

However, the signing of the proposed agreement did not happen as the contractor’s representatives sought that the exercise be carried out on March 4 (Monday).

Workers' strike

Hundreds of workers on Monday held protests in Garbatulla town and walked for five kilometres to the campsite where they addressed journalists as a contingent of police officers, some in anti-riot gear, watched, several metres away.

One of the workers, Sabria Mamo, lamented over little pay, saying the Sh550 they were getting was not enough to sustain their needs.

“I drink two bottles of water costing Sh120 daily due to the scorching sun, lunch costs Sh150 and I have to take Sh150 for supper which leaves me with little to take care of my other needs,” she said.

“We are not sure how much we are getting paid because we have never seen our payslips. Whenever we ask questions, we are threatened with dismissal. They could even lay me off for speaking to the media.”

She further hit out at local elected leaders for remaining mum while they continued to suffer.

Abdi Adan, another employee, said they were being provided with untreated salty drinking water, exposing them to stomach illnesses.

“We want the contractor to effect an increment of our wages and adopt the lawful formula of calculating overtime so that our sweat doesn’t benefit anyone else,” he said, adding that they were working for more than 180 hours a month and their overtime hours not being paid.

The CBA indicates that the normal hourly rate of wages shall be deemed to be not less than one hundred and ninety-fifth (1/195) of employee’s monthly wage and one-eighth in respect of employees in receipt of daily rates pay.

KABCEC Deputy National Secretary General William Kibiri said the union will continue fighting for the employees’ rights and demanded that the contractor observes fair labour practices.

“The workers are not getting pay commensurate with the work they do. We demand that CBA 2023 be implemented, and labour laws honoured,” he said.

Some of the workers we spoke to reported having received threatening notices on March 1 directing them to report to work or their positions be declared vacant.

The Horn of Africa Gateway Development Project is funded by the World Bank and is being supervised by the Ministry of Transport and Kenya National Highways Authority (KeNHA).

The road traversing Isiolo, Meru, Wajir, Garissa and Mandera counties is expected to open up the Northern region and enhance domestic and regional trade.

The Chinese firm, one of the world’s largest infrastructure developers, is working on Isiolo-Kulamawe-Modogashe and Garbatulla spur roads and laying of optic fibre cables.

The project is expected to reduce traveling time from Nairobi to Mandera, a distance of 983 kilometres, by half from the usual three days.122