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Corporate Fraud

Chronology of pain and suffering for workers of Chinese engineering firm

China State Construction Engineering Corporation Limited was also given the contract to construct the Kitale-Endebess-Suam Road in Trans Nzoia County

In June 2021, cnyakundi.com highlighted the Employment Irregularities Of China State Construction Engineering Company In Lokichar, Turkana South

The circus continues, thanks to the abusive Kenyan government.

Though the Chinese govt has zero tolerance to corruption, the Xi Jinping govt has allowed its nationals to abuse rights overseas (not shocking) and engage in corruption and kickback culture (shocking).

It is appalling!

Hi Cyprian,

A Chinese Human Resource in China State construction and engineering corporation by the Name Henry of Tel 0729071202, without the concept of two employees interfered with contracts of service of Lowos Emeri (Mixer Driver) and Fredrick Oyago (Wiring Technician). They previously Signed a three month contracts and were much amused when they were called to the office on date 15th Sep, 2021 by the Human Resource Manager claiming that they Signed a one-month contract with the company and that they were to quit job on expiry of that one term contract.

The Two employees went to their newly elected Chairperson (Benard Kerio) to come and get clarifications from the Human Resource on why the Chinese HR Breached their Contracts of Service without their concepts. Benard Kerio accompanied the two employees to the Human Resource Office for queries but the Chinese HR never wanted to listen from them. Mr. Henry claimed that he is the HR for the Chinese Workers and not the Africans and that they were supposed to wait for Mr. Raphael Ayimba the African HR who was on Leave and take their complains to him. Benard Kerio told the Chinese HR that if he claims he is not the African HR he was not supposed to be in an African office and he should not handle any cases from African employees. He banged the office door and moved out leaving the two employees and their Chairperson in suspense. Since it was late (1830Hrs) they left the Office also to their homes.

16th September 2021

Morning of 16th September, The Chairperson Workers Committee (Benard Kerio) and his Deputy (Elipan Ekai) accompanied the employees whom their contracts of service were breached to the Human Resource Office to see again if they could get a solution to the matter. The same same incident, Chinese HR never wanted to create any table for negotiations. He was told by Benard Kerio again that if he wasn’t ready to listen to the workers Grievances then he was not supposed to be in the office of the Human Resource.

“Mimi iko mpaka na permit ya kufanya kazi na kama mnataka nitoke kwa ofisi mimi nitatoka!” Henry said and I quote.

Immediately after saying that he banged the door again leaving the two employees and their representatives inside office. He went and called the police who were just ready with a police Land Cruiser outside offices. One of the police came and asked Benard Kerio and His Deputy to accompany them to Lokichar Police Station and that they had a case reported about them the previous Day (15th September) evening. They never resisted.

One of the employees who was just given a notice of contract non-renewal also decided to accompany them to police station.

In Lokichar Police Station the Occurrence Book was brought and there were three cases reported by The Safety and Intelligence Officer of China State construction and engineering corporation namely Richard Makanda;
1:Organising a strike that was claimed to take place on that 16th September.
2: Incitement of Workers
3: Threatening of Chinese staff by Questioning their Work permits

They tried to reason with the police officer who picked. First, employees were at their work stations while the reported case was that the Chairman and his Deputy organised a strike.

Secondly, the case was reported by the different person and not the one who was threatened. There was a voice recording in mobile phone of Major Lokichar Police Station , Musyimi Kisuna (The Previous Chairman) was reporting the case to Richard Makanda the so called Safety/Intelligence Officer of the company.

China State Construction

China State Construction

Richard recorded the phone conversation and forwarded it to Major. Richard was called to police station but he refused and claimed that he was not the one who reported the case and that it was the Project Manager Mr. Peng Yi. The project Manager was called right away by the major and he picked up. Peng was so innocent about the case and he told the police officer to let him first talk to his Chinese HR. Since the thing was not calculated well, the major released them to go back to job on a call back notice. They took a motorbike and drove back to job. As they were going back to job another squad went back to the DCIO Office Lokichar just opposite the Police station. It was the Human Resource Manager Henry, One Chinese Staff Mr. Ivan, the Former chairman Musyimi Kisuna and Safety/Intelligence Officer Richard Makanda.

READ: LABOUR MALPRACTICES: Racism and Salary Row At Tullow Oil Turkana

After a short period not exceeding 30 minutes, the same police Land Cruiser of Plate GKB 833F came back to Worksite with The DCIO Lokichar, and other Three Police Men, two in uniform. They picked up Benard Kerio alone from the Worksite. Immediately after about 20 minutes his phone went off. His Deputy, Elipan Ekai decided to go back to the police station to ask for Benard’s whereabouts. He went direct to the DCIO Office. He found The DCIO, One Police officer in civilian, the Two Chinese men, Safety/ Intelligence Officer and the Former chairman Workers Committee. He knocked. “Kijana wewe ni nani?” The DCIO asked assuming he Doesn’t know him. “Mimi ni mkenya!” Elipan answerd. “Na unatafuta nini hapa, kijana niliwaambia siku ile mimi sie polisi hao wengine wenye huwa mnacheza nao, am a professional my friend!” DCIO says so as he was busy going through the big Law Book for preparation of the charge sheet for Benard Kerio. “Nataka kujua tu the whereabouts of Kerio mwenye umemchukua kazini tukiwa na yeye” Elipan said. “Kijana nimerudia tena hapa sio police station enda mwangalie huko cell, eti anasema hakuna tutamfanyia hapa Lokichar, hebu kwanza chukua simu ya huyu” another police officer took Elipan’s phone. “Kijana hebu weka password hapa” the police demanded but Elipan refused and told them about the right to privacy. “Kijana unajifanya sana unajua sheria wacha mwenzake aozee prison ndio ikuwe funzo kwako, patia yeye simu yake” that is the DCIO. “Enda pata mwenzako hapo police station na uchunge sana!” DCIO concluded as Elipan took his phone and went to police station.

At the police station he found two police men who were booking the daily reports in the Occurrence Book (OB) and they gave him permission to see Benard Kerio. “Enda pata huyo jamaa wa Incitement hapo ndani!” One of them said. Elipan went on to meet Benard. Before talking he decided to take a picture of Benard from inside cells. It was at this moment that he messed up. The police men who allowed him in came for him, “kijana unapiga picha Police Station, umefanya makosa kubwa, hebu kuja kaa hapa tuite mkubwa hata wewe tukuweke ndani” one of them said while pushing him to the Deputy OCS office. Like all the police officers in the station that day came to Deputy OCS’s office. “Kijana unajuwa tunaweza kufunga”, “Kijana kwanza unaitwa nani”, “unajua kweli chenye unafanya”, this and that this and that. One of them took his phone and he was told to remove one shoe and the waist bell. Before they threw him to cell the Major who arrested them at first place told them “Acheni huyu kijana tusiongeze mambo ikuwe mingi na msiruhusu mtu mwingine akuje amwone Benard.” They told him to take his things and not return back there. He left the police station.

Elipan Ekai decided to inform other employees through their WhatsApp pages that their chairman was arrested. On hearing so, some of the employees closed their jobs immediately. Others continued until evening as usual. Benard was arraigned to Lokichar mobile Court the same day evening without even the concept of his family members not even the wife. After court proceedings the other employees who were present outside tried to ask of what he was charged of and nobody answered that. The OCS told them to just ask from the court of the cash bail or bond since Kerio took Plea. They were told to follow Kerio to Lodwar Prisons with either Ksh 30,000 cash bail or Ksh 100,000 Bond. From that point Workers created a WhatsApp group for contributions and by 17th September they were able to raise Ksh 24,500. No one reported to work that day. Benard’s uncle uncle topped up the money and sent them To one of the relatives at Lodwar. Kerio was out at around 4 pm on Ksh 30,000 cash bail. He was told to report back to Lodwar Courts on Monday 20th September. Employees waited for Benard at Lokichar and he after realising he came back safely they told him they were going to report back to job since there was a notice by the Project Manager of Summary Dismissal for Employees who were not to report back to duty. The Chairman talked to them of how he was arrested until he was accused of “Threatening to kill the Former chairman Musyimi Kisuna”

President of the People’s Republic of China, Xi Jinping (Photo by Sebastián Vivallo Oñate/Agencia Makro/LatinContent/Getty Images)

Monday 20th September, Benard Kerio went back to Lodwar Law Courts. At Lodwar, met the safety/ Intelligence Officer Richard there at the courts. His name was called and he was told his case will be heard at Lokichar Mobile Court the next day, Tuesday 21st September. Richard asked for his company back to Lokichar. He was told by Richard to talk to the DCC and the DCIO for withdrawal of the case. Benard told Richard they were the ones to withdraw the case and not him, the one accused.

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Tuesday 21st September, Benard Kerio went to Lokichar Mobile Court. He asked the court of the charge sheets but no one answered on that and was just told his case will be heard on 18th October 2021. The next day he reported to duty as usual but he was verbally returned home by the Chinese Human Resource Manager. He was told to go back home until his case was over. Other employees are back to job. They don’t have their chairman. The other committee members are being targeted one after the other. One slight mistake you are out of duty. Three are already out of Duty. One by the name Derrick the company refused to renew his contracts telling him that they were the ones organising the strikes and supporting Benard Kerio. Another one by the name Fredrick Oyago has been given a letter to showcase why his contract was not to be terminated on a gross mis conduct claims.

No one is there for the workers! Kenyan government officials are the ones used by the Chinese to silence the ones Questioning their rights. No job security for workers. Fear has been installed among kenyan workers. You are employed the same month you are terminated. The project is not helping the locals. It is the only job opportunity around. People are being arrested on daily basis by the one Richard Makanda.
“Justice! Justice! Where are You?”

 


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