Subject: Provision of medical services for the County Contract serves casual workers

AWARE THAT, the County Public Service Board often approves sectors such as Mobility and Works to engage contract work services/casual employees to provide support to the County, their services cut across sections and include clearing of drainage system, gardening, landscaping and doing road works often for a period of more than one month; concerned that the workers are usually hired to provide such services often to a period of time and as a result of nature of the work they do, they are likely to pose risks to their wellbeing and health; acknowledging that for the period that the County engages the workers, the County and workers are deemed to have entered into an employer-employee engagement in the definitions contained in section 2 of the Employment Act, 2007; appreciating that Article 43(1) (a) of the Constitution of Kenya, 2010 entitles every person to the highest attainable standard of health, which includes the right to healthcare services, noting that Section 34 of the Employment Act, 2007 requires of employers to provide sufficient and proper medicine during illness, except when the employee is covered by a medical scheme provided by the Government; concerned that in the definition of Article 260 of the Constitution of Kenya, 2010 and Public Service Human Resource Policies, such employees are not in the categories of public or civil servants and leaves them vulnerable in terms of benefits related to wellbeing; this Assembly urges the County Executive to put in place structures, measures and guidelines on attendance to the medical needs of staff on short-term contracts/casual workers.
Notice of Motion 6th June, 2023
Mover Hon. Emmy Isalambo MCA
Seconder Hon. Silas Matara, MCA
Dates Debated and/or Concluded 15th June, 2023
Remarks Adopted
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