[ad_1]
Amid the cut-throat competition that is characteristic of the Kenyan business environment, why should a business owner care about Article 29 of the Constitution?
The foremost reason is that compliance with the outlines human rights is a legal obligation that carries serious consequences
This article, which is part of Chapter Four of the Constitution of Kenya part of Chapter Four of the Constitution on the Bill of Rights, protects citizens from arbitrary deprivation of freedom without just cause. It also protects citizens from violence, torture (both physical and psychological) and corporal punishment.
Despite the guarantee of safety and freedom provided for in the Constitution, some businesses embrace practices that flout the Bill of Rights. Here are a few examples of how Article 29 is commonly breached in the business environment.
There have been incidences where institutions such as hospitals forcibly detain their clients for non-payment of bills. Such detentions are illegal and unconstitutional as the Constitution guarantees the freedom of all citizens.
Some businesses detain clients suspected of theft. The suspects are subjected to inhuman treatment and detention.
One such case happened in 2023 at a Kenyan food company where a human resource manager forcibly detained, stripped and searched all female workers on the business premises to find out who had thrown a used sanitary towel in the wrong bin.
The female workers were subjected to detention and inhuman treatment which was illegal and degrading. Similarly, in 2016, a mining investor subjected female workers to forced searches on suspicion of hiding stolen gems.
Businesses that provide security also frequently abuse Article 29 when they forcibly detain and beat suspects.
This happens in restaurants and other entertainment joints when the security companies abuse the rights of revellers in the name of maintaining security.
Businesses that engage in exploitation of workers also breach the Bill of Rights. Exploitation is common in recruitment of informal workers.
Some agencies engage in human rights abuse and even torture the candidates. A few years ago, a foreign chef in a restaurant was deported for caning his staff on flimsy grounds.
It is risky for a business to conduct its policies and practices in disregard of the Bill of Rights including Article 29 of the Constitution.
An aggrieved party can file a constitutional petition against the business and can even file a claim for general damages. This would expose the business to high litigation costs and reputation risk.
Businesses therefore ought to embrace policies and practices that uphold Article 29 of the Constitution. One way is by having good human resource policies that are aligned to the constitutional provisions. The language used in the policies should be clear, concise and unambiguous.
At times such as in the case of the food company, the abusers are not the business owners, but managers and senior employees.
To guard the business against such risk, then abusers within the business ought to bear personal liability and indemnify the business against litigation risk.
It is important to train all staff on upholding human rights in the business. There ought to be a reporting, investigation and monitoring mechanism where the business stakeholders feel free to report any abuses.
[ad_2]
