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Updated Jan 7, 2021
Explosive: New SGR staff and contract scandal
Part 1: SGR's new contract scandal There’s a new scandal at the Standard Gauge Railways (SGR). The white elephant project; has a new trick on its sleeve further oppressing its Kenyan staff. Staff who spoke to nyakundireport.com on condition of anonymity said their contracts is being reviewed so as to halved their sal
Part 1: SGR's new contract scandal
There’s a new scandal at the Standard Gauge Railways (SGR).
The white elephant project; has a new trick on its sleeve further oppressing its Kenyan staff.
Staff who spoke to nyakundireport.com on condition of anonymity said their contracts is being reviewed so as to halved their salaries.
“How are you sir, hope you safe? There is something I want you to expose sir, we are being forced by our employer, Africa Star (Afristar), Chinese company operating the SGR, to sign a new contract while we still have an existing one which is supposed to end in 15/9/2020. The issue is they have reduced some of the allowances like house allowance from 10k to 5k, others to even 3k, the transport allowance from 5k to 3k others to even 2k”, he wrote
The problem is that the same doesn’t apply to Chinese staff as most of them are still at work for the freight trains.
When the other (Kenyan) staff asked if they can come back to work, they were told that they will infect their Chinese counterparts with Coronavirus.
“Since 20th march 2020,we have been out of work while all the Chinese and some few Kenyans were left to operate the freight train. When we questioned the management why they forced us in annual leave and there after failed to call us back, the answer we got was, “IF YOU RESUME WORK, YOU WILL INFECT THE CHINESE WITH CORONA VIRUS, SO STAY AT HOME".
Most of the Kenyan employees who are now ‘used’ to being mistreated because the government doesn’t care, are now afraid.
Africa Star management has decided to lay off those that have refused to sign for salary reduction.
‘We are still at home and the have even decided to lay off those that won't sign the contract. We beg you, sir, kindly help us expose these guys, they are becoming too much. Thank you”, he concluded
Cnyakundi.com has got hold of the evidence, the documents, attached at the end of this article
This is the whole report for what's going on the ground. The media has been lying. See part 2
Part Two: SGR Workers go without pay despite business boom
Africa star railway company a subsidiary of China road and bridge corp. [CRBC} is the operator of the Mombasa-Nairobi (M-N) SGR rail and recently the Nairobi-Naivasha line. CRBC is the contractor and initial operator of the line. The company led by the GM Mr. Li Jiuping 李久平 has been under much deserved scrutiny thanks to its management. Mr. Jiuping 李久平 can be likened to an ‘economic terrorist’ thanks to his system of leadership which is majorly based on; racism, subjectivism, intimidation, exploitation, trickery , ensnaring and manipulation of employees.
Drafting andenforcing inhuman, impractical policies and regulations (attached) imposed by the
immediate former HR currently incharge of legal matters Mr. Wang aka Navy aka Leon. Mr. Jiuping 李久平 is well known for his a vast appetite for media attention just like the actual terrorists, he would pay anything to be the subject of discussion in the media. This explains why he recently hired a K24 presenter as a manager incharge of PR and propaganda. (attached)
Mr. Jiuping 李久平 is assisted in leadership by a ‘cabinet’ of DGMs namely He Fuhan 何福 Zhang Weijun 张卫军，Huang Qingan 黄卿安, Lu Hong 鲁洪，Duan Xianmeng 段先猛，Chen Tianpeng 陈天鹏, Jiang Wanjun 蔣万军，Zhang Aijun 张爱 军 and a Kenyan who was hired recently. These can be likened to a brood of vipers who have mastered the art of washing their cups from outside. They continue to cheer and applaud the emperor complementing his purple robes despite the fact that the emperor is naked.
While the world went on lockdown SGR employees where technically tricked into a
lockout
Late march before the president imposed a cessation of movement and passenger services could be halted Afristar had already send employees home on leave to avoid infecting the Chinese with corona virus. On April 1st an official notice [131-2020] (attached) was released issuing new remuneration measures and canceling the previous one [19-2019] (attached) It stated that after depletion of annual leave days, employees would be paid their basic salary and housing allowance only, all other allowances would be halted for as long as long as the pandemic keeps them out of work.
The employees were comfortable with the adjustments owing to the global pandemic the world is currently under. Fast forward to the 22nd May the management came up with a new notice. This time round a dreaded malicious one. Notice 211.(attached) This notice further altered the remuneration measures this time stating that after depletion of annual leave employees would receive only 50%, then 30% of their basic salary respectively for the following two months and on the third month it would become unpaid leave for
as long as the pandemic keeps them out of work.
On this same notice SGR employees were expected to sign a new contract (while still their existing contract wasn’t terminated) the new contract had reviewed terms including reviewed salary structure; basic salary was reduced, housing allowance was reduced and transport allowance was also reduced, the sum of the deductions was then re-introduced into their salary this time round as ‘performance pay bonus.’ [literary part of your salary was taken away and brought back as a bonus token, which to receive would depend on how much you lick your boss]
The new contract also stated clearly that it would be effective as from 22nd May {fast forward the employees have not been paid their salaries for the Month of May a week into June, this is because the company calculated its payroll with the reviewed terms before employees could set their eyes on the actual document.} The company finds itself in a compromising situation on account of the illegalities surrounding their imposed new contract which employees have not signed except for a small number of staff the company is holding in the stations who signed as a result of intimidation. (those still held in the stations have been paid, salaries for May.)
Analyzing the situation on the ground: cargo operations at the SGR have been going on uninterrupted with new developments such as completion and commissioning of the (GBHL) Grain Bulk Handlers Ltd silos near the Afristar head office, furthermore KRA and infrastructure ministry commissioned the Naivasha ICD for transit cargo both of which have boosted freight volume hauled by the SGR line.
Over the same period the passenger operations have been halted {a service the company made employees believe has been making losses} Issues arising is that the employer used a tactical method “lock out” to compel and ensnare employees into a new exploitative contract
At the moment in the employer has randomly picked employees from some work areas to resume work; on condition that they sign and submit the new contract. The move to push Kenyans into a ill intent contract is questionable and can be described as selfish, malicious, ill timed, inconsiderate and lacks empathy. It only serves to explain to Kenyans why Kenya Railways Corporation (KRC) has been unable to put in public the initial contract between them and CRBC for the construction of the project. Recently the solicitor general Kennedy Ogeto tried to have it reviewed but KRC managing director Mr. Mainga claimed that his hands were tied. Late last year our president promised Mark Masai of KTN that he would put the contract in the public domain, it remains a dream half a year later. These Chinese contracts are signed behind closed doors and their impact is later felt by innocent Kenyans, either through tax burden or victimization when labouring for the Chinese contractors (China has perfected the art of PR and lures African leaders with cheap loans claiming to foster friendship and co-operation under the ambitious Belt and Road Initiative which is only being used as debt bait. The question is why would these remain closed doors business?.) Mr. Jiuping 李久平 is no exception he is known to hold closed door meetings where Kenyan employees in attendance have to register and leave their phones outside.
The language of communication in this meetings is usually Chinese with no interpretation leaving Kenyan employees as nothing but scare crows for the camera. (The new Kenyan DGM can confirm this if willing to be honest) These Afristar/CRBC contracts deliberately leave out job description to make sure an
employee can be called upon to work anywhere from the locomotive to the kitchen to trimming grass in the compound. A new clause introduced in the new contract grants the company, company assigns, licencees and successors the right and permission to use employees image,audio recordings and names in all forms and media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose globally, the employee cannot inspect or approve the version of image or writing used for publication. Let’s be honest Kenyans. Why would someone feel so entitled to you as a being if this is not modern day SLAVERY. (attached)
Questions arising are;
- Why is Afristar in a hurry to replace their contract with employees in the middleof a global pandemic while they still have a running contract with the samecompany?
- Is someone taking advantage of Kenyans at this desperate times to satisfypessimistic desires for personal gain?
- Why is Afristar unwilling to pay employees despite slashing of corporate tax bythe president in the Tax Laws amendment Act 2020 of 1st April
- Is Afristar really under difficulty to sustain operation and maintain businesscontinuity as it runs on cumulative cost as stated in document 211.? Is thishappening despite the business boom reported by the same company at thecommissioning of Naivasha ICD?
- Why doesn't KRC publish its Annual Financial reports publicly for the 3 years ithas been funding the operator?