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The proposed law sponsored by Migori Senator Eddy Oketch has been published for introduction in the Senate for first reading
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It is set to undergo public participation where officials will share their views on the proposed law
Image: EDDY OKETCH/FACEBOOK
Long-serving officials of trade unions and employers’ organisations face ouster in a new Bill that could trigger disquiet in the labour sector.
The Labour Relations (Amendment) Bill, 2024 introduces a term limit for officials of unions and employers’ organisations or federations.
The Bill seeks to end the current arrangement where officials can hold office for as many terms as possible provided they are duly elected and re-elected.
“The principal object of the Bill is to provide for the term of office of officials of a trade union, employers’ organisation or federation and requirements for registering a trade union,” the Bill says.
The proposed law sponsored by Migori Senator Eddy Oketch has been published for introduction in the Senate for first reading.
It is set to undergo public participation where officials will share their views on the proposed law.
The Bill, that appears to target long-term officials of trade unions and federations, officials of the groups shall hold office for not more than two terms.
The radical move could see long-serving Central Organisation of Trade Union secretary general Francis Atwoli and Federation of Kenya Employers executive director Jacqueline Mugo exit office.
Atwoli has served as Cotu secretary general since 2001 when he was first elected.
His current term ends in April 2026 after he won re-election on April 9, 2021.
“I promise to service you with all my might and strength and not betray the trust you have bestowed in me," Atwoli said after he was re-elected in 2021.
By the time of the next election, Atwoli will have served for 25 years.
Last year, he hinted at leaving Cotu at the end of the current term.
“Matters Cotu-K leadership are Cotu-K constitutional issue and not an Atwoli issue. As of now, I am in office serving my last term,” Atwoli said.
The Kenya Union of Post Primary Education Teachers secretary general Akello Misori and chairman Omboko Milemba have also served the union for a long time.
Other long-serving trade union officials are Kenya County Government Workers Union secretary general Roba Duba and Kenya Union of Nurses secretary general Seth Panyako.
According to the Bill, existing officials of a trade union, employers organisation or federation shall be deemed to be duly elected under the Act for the remainder of their term.
“An official of a trade union, employers’ organisation 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,” the Bill says.
Oketch argued that the Bill does not limit the fundamental rights and freedoms of Kenyans to run for any seat in the unions and federations.
“Since majority of employees are from the counties, the Bill will have a huge impact on management and membership of trade unions, employers’ organisation or federation,” it says.
Reacting to the Bill, Kenya Union of Journalists secretary general Eric Oduor termed the amendment in the Bill 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 year 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.