New Bill Threatens Removal of Long-Serving Trade Union and Employers’ Organization Officials
In a new bill that could cause concern in the labor sector, long-serving officials of trade unions and employers’ organizations face removal. The Labour Relations (Amendment) Bill, 2024, introduces a term restriction for officials of unions and employers’ organizations or federations.
The bill attempts to remove the current system, which allows officials to serve as many terms as they want as long as they are lawfully elected and re-elected.
The bill states that its principal objective is to establish the term of office for officials of a trade union, employers’ organization, or federation, along with the requirements for registering a trade union.
The proposed legislation, sponsored by Migori Senator Eddy Oketch, has been published for introduction in the Senate for first reading. Officials will express their thoughts on the proposed law during the scheduled public involvement.
The bill appears to target long-term officials of trade unions and federations, requiring them to serve for no more than two terms. Akello Misori, the Kenya Union of Post Primary Education Teachers (KUPPET) secretary general, and Omboko Milemba, the chairman, have served the union for a long time.
The bold move could also result in the departure of long-serving Central Organization of Trade Union Secretary General Francis Atwoli and Federation of Kenya Employers executive director Jacqueline Mugo from their positions.
Atwoli has been Cotu’s secretary general since 2001 when he was first elected. Atwoli’s current term concludes in April 2026, following his re-election on April 9, 2021.
Atwoli stated that he promised to serve with all his might and strength and not betray the trust bestowed upon him after he was re-elected in 2021.
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By the next election, Atwoli will have served for 25 years. Last year, he suggested quitting Cotu at the end of the current term. Atwoli stated that matters concerning Cotu-K leadership are a Cotu-K constitutional issue and not specifically an Atwoli issue. He mentioned that, at present, he is in office serving his last term.
Other long-serving trade union officials include Kenya County Government Workers Union Secretary General Roba Duba and Kenya Union of Nurses Secretary General Seth Panyako.
The bill states that existing officers of a trade union, employer organization, or federation will be considered properly elected under the Act for the duration of their term.
According to the bill, “An official of a trade union, employers’ organization, or federation shall hold office for a term beginning on the date on which the official was elected and ending when a person is next elected as an official.”
Oketch stated that the bill does not impair Kenyans’ fundamental rights and freedoms to run for any position in unions and federations.
The bill states that since the majority of employees are from the counties, it will have a significant impact on the management and membership of trade unions, employers’ organizations, or federations.
Kenya Union of Journalists Secretary General Eric Oduor reacted to the bill, describing the amendment as misplaced.
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He emphasized that members elect union officials and urged the sponsor not to interfere with their right to do so.
According to Oduor, members are required to elect their officials every year, and as a result, they have the authority to remove 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.
New Bill Threatens Removal of Long-Serving Trade Union and Employers’ Organization Officials