This archive report was first published on 23 May 2020.
On May 23, 2020, a BBC Africa Eye documentary titled Gangsters, Golf and Greenbacks shed light on the collapse of Spencon, a prominent Kenyan construction and infrastructure company. The documentary revealed how Emerging Capital Partners (ECP), a private equity firm, brought down Spencon, resulting in the loss of thousands of jobs in Kenya and the region.
The documentary highlighted several critical issues concerning workers, including the special treatment accorded to foreign nationals and entities by government agencies. This raises questions about Kenya's colonial legacy and its impact on the country's economy.
Two British officials, Andrew Ross and Steven Haswell, were featured in the documentary for their mistreatment of Kenyan employees. They allegedly insulted their employees verbally, delayed their wages and salaries, and spent company funds on personal expenses. Meanwhile, their own salaries and those of their foreign colleagues were paid promptly.
One employee was denied her salary while on maternity leave, in contravention of Section 29 of the Employment Act, which entitles female employees to three months' maternity leave with full pay. Article 27 of the Kenyan constitution prohibits discrimination, and the Employment Act operationalizes this in Section 5.
The documentary also exposed the vulnerability of employees to inept management, which in this case was arguably criminal. ECP's agents allegedly stripped Spencon's assets to improve cash flow, but the monies received from the asset sales were diverted to a private individual's account, leaving millions unaccounted for.
The employees were left jobless and unpaid, with some forced to relocate and struggle to make ends meet. Despite reaching out to the Central Organization of Trade Unions (COTU) and the Ministry of Labour, the authorities failed to take action. The County Labour Officer in Kiambu and Kericho County's Labour Officer wrote demand letters to the company, but these were ignored.
The Spencon case highlights the need for awareness among Kenyan workers about their rights and the recourse available to them in case of discrimination, delays in remuneration, and other malpractices. The Ministry of Labour must prioritize this in its programs, bringing on board other relevant government agencies and trade unions.
