Home Business and Economy A Kenyan engineer sued the China Road and Bridge Corporation (CRBC) over...

A Kenyan engineer sued the China Road and Bridge Corporation (CRBC) over claims of underpayment after signing a contract with the company

Cleophas Simiyu Nabangi claimed that the company underpaid him by almost Ksh400 million after allegedly being made to sign a contract that was written in Chinese.

Nabangi through his lawyer Arnold Otundo, argued that the company violated the engineer’s rights by having a contract written in a foreign language and fair compensation.

According to Section 7(4) of the Employment Act 2018; “where an employee is illiterate or cannot understand the language in which the contract is written, or the provisions of the contract of service, the employer shall have the contract explained to the employee in a language that the employee understands”.

Otundo further pointed out that Nabangi was denied access to the site after commencement of the project that facilitated the movement of trains as reported by Nation.

The lawyer highlighted that Nabangi’s certificate continued to be retained and used for approvals with the regulators without his input.

The engineer had entered a contract with the CRBC as part of the team that was responsible for the electrical supply system that was part of a communication network for the Mombasa-Nairobi SGR.

The SGR electrical expert legal team had written to the China Communications and Construction Company (CCCC) which contracted CRBC, with the aim of taking legal action if Nabangi was not compensated the money and his certificate released.

The letter was also directed to the Transport ministry, Kenya Railways Corporation, the Energy Regulatory Commission and the Engineers Board of Kenya.

The Engineers Board of Kenya (EBK) guidelines explain that fees paid to consulting engineers for engineering systems should be remunerated at between 1 to 1.5 per cent of the cost of project.

Source: Kenya.co.uk

1 COMMENT

  1. The Kenyan government should also be added as a respondent for Directly Awarding a Capital Project To Foreigners When There Are Available Able Professionals To Do That.
    This is the same everywhere in Africa, including Nigeria. Only Engineers should interface directly with Contractors. Chief Executives believe that knowing a contractor who had done such job before is a license to overlook the role of Engineers.
    They fail to know that Engineers establish how the job should be done (called Engineering Design, different from Art Design) while contractors implement the Design under supervision. This How may seem insignificant but the popularity of buildings collapsing in Nigeria is because Engineers are viewed as unimportant Educated Grammarians and Suit-wearers when the job is at its contemplation and beginning. Immediately there was any problem or collapse; the first thing everyone would say is Engineers, COREN, NSE.
    Nobody querry’s why there was no Engineer in the team from onset. Even where there was one, a Mason or Bricklayer would confuse the head with fact that he trained all his wards over the years with more experience than the Engineer that is just coming out of school with no experience. We are quick to forget that, having studied in degrees, that fresh graduate has an experience of atleast 500 years that a Bricklayer would never attain in his life time. His professional counsel could border on
    safety,
    running cost,
    cummulative effect,
    ergonomics,
    ease of maintenace,
    maintenance cost,
    trend,
    life cycle,
    etc.
    For the case at hand, the firm would not have needed another approval if this Engineer had/owned the project, prequalifys, and sublets to them. This is because the Engineer owns the project and monitors its progress. He takes responsibility as long as everything is done to his directive.
    Neglect an Engineer at your own peril!

LEAVE A REPLY

Please enter your comment!
Please enter your name here