Unions fight bid to protect essential services from strikes

Cotu secretary-general Francis Atwoli. FILE PHOTO | NMG

What you need to know:

  • Trade unionists have vowed to move to court should Parliament pass the bill that seek to ensure service continuity during strikes.
  • Under a new section to be added in the Labour Relations Act, union officials and workers face a Sh500,000 fine each or three-month imprisonment if the strike disrupts delivery of essential services.

Labour ministry faces legal headwinds after trade unionists rejected its bid to cushion provision of essential services from industrial action.

The unions, led by Central Organisation of Trade Unions (Cotu) have vowed to move to court should Parliament pass the bill that seek to ensure service continuity during strikes.

Under the Statute Law (Miscellaneous Amendments) Bill, 2018, strikes in crucial service sectors will only be allowed after unions give a schedule approved by boards guaranteeing provision of minimum services throughout the strike period.

The changes target providers of electricity, water, sanitation, telecommunications, firefighting, air navigators, health, fuel distributors and port workers.

“They cannot amend an Act related to policy issues through a miscellaneous bill and Cotu will not hesitate to move to court to seek redress and justice over these matters,” said Cotu secretary-general Francis Atwoli.

The proposed changes require the unions to report any dispute to the Labour Cabinet Secretary (CS) and wait for intervention within a period of 21 days.

Where no resolution is reached, the union still has to serve another seven-day notice to the CS, with a schedule showing that a minimum number of employees will be on duty throughout the strike period to ensure services are not disrupted.

Under a new section to be added in the Labour Relations Act, union officials and workers face a Sh500,000 fine each or three-month imprisonment if the strike disrupts delivery of essential services.

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