Labour related disputes were the most registered complaints at the Human Rights Agenda (HURIA) Legal Aid Centre in Mombasa.
According to HURIA’s Legal Associate Emmanuel Mang’era who has been receiving cases and public complaints at the desk, there has been an increase in conflicts between employers and employees, most of the disputes revolving around illegal termination, breaching of contracts and unfulfilled compensation promises.
Mr. Mang’era says in the first quarter of 2024 alone, 54 cases were reported at the Legal Aid Clinic located adjacent to the Mombasa County Court. Out of these cases, 12 are linked to labour related disputes.
Speaking during an interview at the centre that is managed by HURIA in partnership with Mombasa County Government, European Union and the United Nation Development Program (UNDP), Mang’era said the Legal Aid Clinic has intervened in ensuring employers abide by labour laws at all times.
He noted that apart from the labour related disputes, Land, Family and Succession issues, Crime related cases, Advocates Complaints, Sexual and Gender Based Violence (SGBV) and traffic related issues have also been flocking the clinic on daily basis.
Some of Mombasa, Kwale and Kilifi residents visit the centre to inquire on legal assistance and guidance.
At least 6 land related cases were reported at the clinic and 10 others revolving around family succession matters. Crime related cases were 9, Advocates complaints a total of 8 cases, SGB and traffic related registered 2 cases each, 6 members of the public visited the clinic to inquire on what the clinic indulges in and how they would be aided to get justice.
“Kisauni Sub county has been frequenting the centre where a total of 17 cases registered at this centre were from Kisauni while 10 from Likoni Sub county. 9 Jomvu residents reported various complaints at this centre while Changamwe registered 9. Mvita residents reported 6 complaints with us while 3 were from Nyali,” revealed the HURIA Legal Associate.
The cases reported at the LAC are handled differently and Mang’era said on labour related cases, the Organization after conducting its thorough investigation to confirm that indeed human rights violation took place, HURIA then involves the Labour office so that the aggrieved parties get justice.
“In case the employer fails to compensate or fulfil the terms as per the agreement, we take further step to seek justice in court. We have pursued these cases until the aggrieved parties get compensation,” revealed Mang’era.
Under the family and Succession aspect, which revolves around family issues, matrimonial property and to some extent the rights of minors, HURIA intelligently examines the situations and ensure these disputes are amicably addressed. Where minors are involved, Mang’era says they work in the best interest of the minor.
“We have Commercial disputes too where Bodaboda or Tuktuk drivers report to us, revealing that despite having bought Bodaboda on loans and having fulfilled the repayment as per the agreement, some of the lenders under unclear circumstances overcharge them. This calls for our urgent swift interventions and eventually the two parties settle the matter without any further arguments or battles,” he added.
HURIA works with other partners in ensuring the cases reported are successfully pursued and addressed and the aggrieved parties access to justice.
The Organization engages lawyers on pro bono basis to ensure complainants access to justice even in situations where they cannot afford legal fees.
“We work with the County Attorney, the Advocates Complaints Commission, pro bono lawyers among a range of other stakeholders. This is to ensure locals access to justice whether they can afford legal fees or not. In fact some only need legal advice and guidance which HURIA offers it absolutely free since we believe through these efforts we are not only safeguarding the rights of these people but are empowering them so that they can impart the same knowledge to their communities at grassroots level,” Mang’era further revealed.
However, there are some cases related to Gender Based Violence which even after successfully battling them in court, HURIA goes a notch higher to provide psychosocial support to the survivors until they return to their normal life as some go through psychological torture.
“In some situations, we work with stakeholders among them anti-GBV organizations, the County Attorney and the Mombasa County government to facilitate multi-agency approach to more delicate cases reported at the centre since our main objective here is to ensure justice prevails,” he further disclosed.
HURIA is now in the second quarter of registering more cases, pursuing justice and closely monitoring the situation at the grassroots level as well as facilitating mediation in situations where mediation could enhance justice within shortest period.
