Central Organisation of Trade Unions (Cotu) Secretary General Francis Atwoli is in the spotlight following allegations that he, through his personal aide, is behind the Labour Relations (Amendment) Bill 2024, which he is fighting hard to defeat including by pressuring trade unions to fund the effort by trying to influence the senators.
The Bill seeks to prohibit deduction of agency fees from the wages of a unionisable employee, who is not a member of a trade union, but is covered by the trade union’s collective agreement.
The mover of the Bill, Nominated Senator, George Mbugua Mungai, who serves as Vice-Chairperson, Labour and Social Welfare Committee of the Senate, says it is in line with Article 36 (2) of the Constitution that states that a person shall not be compelled to join an association of any kind.
“Additionally, Article 41 (2) (c) of the Constitution also states that every worker has the right to participate in the activities and programmes of a trade union. The Bill seeks ensure that unionisable workers enjoy fair labour practices. The Bill also seeks to ensure that trade unions and employers observe the national values and principles of governance including good governance, integrity, transparency and accountability,” he adds in outlining objects of the Bill.
However, Atwoli has tasked personal assistant Adams Barasa to solicit support from trade unions under the guise of fighting the proposals on account that if passed, it will deal a major blow to trade unions and Cotu, which draws millions of shillings every month from workers in form of subscriptions by their respective trade unions.
Cotu is entitled to a share of all deductions made to trade unions irrespective of whether they are honoured on time or after protracted battles with employers, especially the government. This has especially been the case with teachers, doctors and other medics as well as workers in the public service and universities.
According to sources, COTU may have conspired with some Senate staff to draft the Bill before turning to trade unions to finance its rejections so as to protect the SG. This is confirmed by a letter dated October 14 from SG Atwoli to secretaries general of registered unions which says the proposed amendments have far reaching effects on the operation of trade unions as agency fee is levied on those unionisable employees who enjoy the terms and conditions of service of what is contained in CBAs but are not members of a union.
Atwoli confirmed the call for trade unions to contribute Ksh 100,000 at the minimum to the Solidarity Fund to fight off the Bill. “Meanwhile, we write to request that each union contribute a minimum of Kshs 100,000 to our Solidarity Fund for this purpose and for those unions that contribute more please do so and such contributions can be made to our headquarters to the attention of Brother Adams Barasa…”
It is worth noting that April this year, Atwoli was embroiled in a public spat with then Private Security Regulatory Authority (PSRA) Director-General Fazul Mohamed after he accused Cotu of failing to cater for the interests of its members.
He cautioned all private security companies to “desist from remitting the said fees to COTU, pending the conclusion of the investigation, failure to which “they will be subjected to a statutory review of its registration and licensing status in accordance with Section 32 of the PSRA Act.”
But Atwoli hit back saying union dues COTU receives from private security workers, is through the Protective and Safety Association of Kenya (PROSAK) and the Protective Security Industry Association (PSIA)), which are affiliate members of COTU which is an umbrella union based on a Gazette Notice by the Ministry of Labour dated September 2, 2016.
The matter later fizzled out even as it turned political with Wiper leaders accusing Fazul of being a hatchet man of powerful forces. But it appears COTU leaders had other ideas and seized the opportunity both to forestall any future attempts to antagonize COTU.
