Trade unions uproar over proposed parliament push

Global workers body, the International Trade Union Confederation (ITUC) has criticised the Kenyan Parliament for allegedly trying to interfere with the independence of trade unions.

The international umbrella of trade unions cited the controversial bill that seeks to set a limited tenure for officials of trade unions and employers’ federation saying it disregards the principles of free and independent trade unions.

In a statement to newsrooms, the global body dismissed the Labour Relations Amendment Bill 2024 maintaining that trade unions should be left to operate within their laws as stipulated under ILO Convention 87, which upholds the principle of non-interference in the affairs of trade unions administration.

“Trade unions serve as essential pillars of democracy. They represent the interests of workers and work in collective efforts to ensure that these interests and rights are effectively defended, protected, and promoted. Any attempt to curtail the autonomy and functioning of trade unions undermines the fundamental principles of freedom of association, collective bargaining, tripartism, and social dialogue, which are the cornerstones of a fair and just society,”said Secretary-General ITO Akhator Joel Odigie.

Violates freedom

Odigie said the proposed bill not only violates the principles of fair labor but also freedom of association.

“The Kenyan Parliament must desist from meddling in trade union’s internal democracy practices. Instead, we urge Parliament to focus its efforts, time and goodwill on fulfilling its core responsibility of serving the Kenyan people and fostering an inclusive and equitable society,” said Odigie.

On his part, secretary-general Central Organisation of Trade Unions (COTU-K) SG Francis Atwoli  termed the move as ill-conceived and retrogressive.

He said the national labour board is the body required to generate and propose any meaningful amendments to our five sets of Labour Laws. He said the proposal stands against the principles of free and independent trade unions as advocated for by the International Labour Organization Convention 87, 98 and 144.

Independent organisations

“Trade unions are essential, free and independent organisations representing the interests of workers across various sectors in Kenya,” Atwoli said.

“Their operations are guided by their own constitutions that establish internal democratic processes,” he added.

Kenya National Union of Nurses (Knun) secretary general Seth Panyako described the Bill as mediocre, retrogressive and one that will fall flat in court, if approved by parliament.

“It is not the role of Parliament to decide how trade unions are run and managed. The sponsor of that Bill seems not to understand international labour laws,” he said.

Panyako said the Bill attempts to amend the constitution of the trade unions through the law.

“No government or any law can be used to amend the constitution of trade unions. Such a move is unconstitutional and against the international labour laws,” he said.

Kenya Union of Journalists (KUJ) secretary general Eric Oduor termed the amendment as misplaced.

“Union officials are elected by members. Let him (sponsor) not interfere with the rights of members to elect their officials,” he said.

Oduor argued that members are mandated to elect their officials after every five years and as such, they are liberty to kick out officials who do not perform.

“Union officials are not politicians. Union officials are elected to serve. If they don’t do that work, they will not be re-elected,” he said.

The proposed law sponsored by Migori Senator Eddy Oketch has been published for introduction in the Senate for first reading.

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