Dockworkers want Kenya Ports Authority to repay them over Sh21 million that had been paid to Cotu as union fees, yet they were not legally affiliated to the union.
This follows a judgment by an industrial court in Mombasa declaring the payments since January 2019 were illegal.
In a decree issued on December 12 following a judgement by Lady Justice Linnet Ndolo on September 16, the Employment and Labour Relations Court in Mombasa declared the Dock Workers Union’s National Executive Council meeting held on May 18, 2017, was not constituted under the provision of the DWU constitution.
“Consequently, all resolutions purportedly passed thereat were illegal, unlawful and void,” read part of the decree.
One of the resolutions passed in the meeting called by DWU general secretary Simon Sang, was to dis-affiliate from the Trade Unions Congress by stopping the payment to the affiliation of the fees and to re-affiliate with Cotu.
The decreed declare the specific resolution illegal, unlawful, completely void and beyond the powers of the DWU NEC as provided in the DWU constitution.
The court said the decision passed by the DWU conference on October 18, 2014, affiliating the DWU to TUC is upheld by the Mombasa industrial court and remains valid and binding.
On Wednesday, former DWU treasurer Jospeh Makero said once Sang called for the illegal NEC meeting and passed the purported resolution to re-affiliate with Cotu, they had it gazetted and KPA started deducting union fees from workers’ salaries to Cotu.
“Since January 2019, KPA has been deducting about Sh600,000 from union members monthly,” Makero said on phone.
DWU was initially affiliated with Cotu but in October 2014, Sang led the union out of Cotu and into the then newly formed TUC.
A few DWU members unsuccessfully challenged the decision in court.
However, after a few years and a misunderstanding between Sang and the TUC leadership, Sang wanted the DWU out of TUC and back into Cotu, where secretary general Francis Atwoli had convinced the DWU boss, they would be better taken care of.
Makero said as the case dragged in court, the money was still being deducted from the dockworkers’ salaries.
“The workers were paying double union fees both to TUC and Cotu. That is why we went to court to challenge the decision and we won,” Makero said.
He said there is a need for better workers representation in the country.
Edited by Kiilu Damaris
