4 – Systematic violations of rights
The ITUC Global Rights Index

Kenya

The ITUC affiliate in Kenya is the Central Organisation of Trade Unions (COTU(K)).

In practice

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Teachers’ leader faces police summons over strike:19-06-2015

The Secretary General of the Kenya National Union of Teachers, Wilson Sossion, was issued a summons in January 2015 by the Criminal Investigation Department after allegedly advising teachers in Northeastern Kenya not to return to work after a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
due to security concerns. The teachers expressed their support for Wilson Sossion and the Law Society of Kenya said on 2 February that the summons was illegal and that it amounted to intimidation against the union leader. The KNUT and the Kenya Union of Post Primary Education Teachers (KUPPET) had called a nationwide strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 5 January 2015 after the Teachers’ Service Commission (TSC) failed to meet its demands on pay and conditions. The January 2015 strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was called off after two weeks when the Industrial Court intervened and asked all parties involved in the dispute – the Kenya National Union of Teachers (KNUT), the Kenya Union of Post Primary Teachers (KUPPET), the Salaries and Remuneration Commission (SRC) and the Teachers Service Commission (TSC) – to submit proposals on the 300 per cent pay increase that teachers were seeking. As part of the agreement the TSC undertook not to victimise any teacher, union official or the unions who may have participated in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Several teachers were arrested during the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, but under the terms of the agreement not further action was to be taken against them.

Union members face pay discrimination at Telkom Kenya:19-06-2015

The Communication Workers Union (COWU) Secretary General Bensom Okwaro reported in September that there was discrimination in the payment of staff performance bonuses at Telkom Kenya. He said that non-union staff had each been paid between 50 per cent and 75 per cent of their salaries, amounting to between Sh30,000 to Sh1,000,000, while union members have only been given Sh2,000. COWU warned that more than 1000 Telkom workers would down tools on 8 October if the bonuses were not paid fairly. The union also accused the management of harassment and intimidation. The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
went ahead after Telkom countered that the claim was unfounded, and that the differences were related to the type of contract workers had, not their union membership. The strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was called off on 16 October after the union and Telkom signed a back-to-work agreement in the presence of Labour Ministry officials. Pay was deducted from the workers’ salary slips for the seven days of their strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
however, which the union said was against the terms of the agreement. The union filed a case in court against the company for deducting pay for the duration of the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
.

Union officials sacked by flower farm:19-06-2015

Seven union officials were sacked in July 2014 by the Karuturi Flower Farm in Naivasha, accused of inciting their colleagues. They had been involved in a long-running dispute over wages, including a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in February 2014 to demand the payment of four months’ unpaid wages. The flower farm, the world’s leading producer of roses, had gone into receivership, and had changed its name to Twiga Roses. Ferdinand Juma of the Kenya Plantation and Agricultural Workers Union (KPAWU) said the latest incident stemmed from a meeting in which the union officers had asked the new management to increase wages. Employees went on a go-slow go-slow A form of industrial action whereby the workers deliberately reduce their pace of work in order to restrict output.

See work-to-rule
to protest against the sacking.

Intimidation:19-06-2015

In April 2014, Cabinet Secretary for Labour,Social Security and Services, Samuel Kambi Kazungu, publicly intimidated unions by stating that he would “reduce COTU to nothing”. Moreover, government officials declared that they would storm the National Labour Day Celebrations scheduled to be held at Uhuru Park in Nairobi if the union did not call off the May Day celebrations.

Intimidation30-04-2014

In April 2014, Cabinet Secretary for Labour, Social Security and Services, Samuel Kambi Kazungu, publicly intimidated unions by stating that he would “reduce COTU to nothing”. Moreover, government officials declared that they would storm the National Labour Day Celebrations scheduled to be held at Uhuru Park in Nairobi if the union did not call off the May Day celebrations.

Government withholds salaries after teachers’ strike ends18-07-2013

The Kenya National Union of Teachers (KNUT) signed a return-to-work agreement was signed on 18 July 2013 with the Government. The parties agreed that there would be no victimisation of any union member in relation to the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and that teachers would be paid their June 2013 salaries. As a result KNUT urged teacher to report back to work. However, the Government did not comply with its commitments and did not pay salaries for the month of June.

Nairobi County Government suspends 500 workers30-09-2013

In September 2013, the Nairobi County Government suspended 500 workers, including union officials, for allegedly taking part in an unlawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Police used teargas canisters to disperse a protest calling for the implementation of a collective agreement concluded with the Nairobi County Government on 1 September 2012. The Interim County Secretary Lillian Ndegwa engaged private contractors and youth groups as replacement workers.

Violations in EPZ22-01-2014

In January 2014, the company “New Wide Garments” which operates in the EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. and employs more than 6,000 workers stopped deducing union dues in violation of a valid collective agreement. Even though the court ordered the company to comply with the collective agreement, the union did not receive dues for the month of December. Furthermore, management stopped paying workers during sick leave and failed to compensate workers for employment injuries and overtime work. As a result, workers decided to call a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action.

Exclusion of nurses from the right to form a union28-12-2012

The Kenya National Union of Nurses won a case against the Permanent Secretary for Medical Services with the Industrial Court holding on the 28 December 2012 that nurses have both the right to join a union and the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Relevant ministries were instructed to meet and negotiate with the nurses and to reach a consensus within seven days. However, the Public Service Commission dismissed nurses who had participated in the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in relation to the dispute, including for example those at Kakamega Provincial General Hospital. In February 2013, the Industrial Court issued another ruling on reinstatement and payment of pending salaries.

Arrest of trade union leader31-10-2012
Anti-union discrimination30-09-2012

In September 2012, more than 100 nurses were sacked at the Moi Teaching and Referral Hospital for participating in a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The names of those dismissed were pinned on notice boards at the hospital and the nurses were asked to pick up their dismissal letters from the institution.

Workers promoted to management to keep unions at bay31-12-2011

Senior managers of Kenyan banks have admitted that the banks promoted employees to management positions to deny them representation by unions for non-managerial staff.

Obstructing the right to strike31-12-2010

In practice, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is frequently violated in Kenya. During the notice period, the Minister of Labour generally intervenes and proposes a mediator for the dispute. If the negotiations break down, the government usually refers the matter to an industrial court, pre-empting any decision to take strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. In cases where workers have become frustrated with the lengthy process and have decided to go ahead with a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, their action has usually been declared illegal. Employers won a court order declaring the tea pickers strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
illegal in October.

Trade unions under attack 31-12-2010

The Central Organisation of Trade Unions (COTU) has warned that the labour movement is under attack from multinational corporations that engage in cutthroat competition. As a result of privatisation many workers have had to re-apply for their jobs under new contracts, often with multinational corporations which usually require them not to join labour unions. The unions have lost members as a result. Furthermore, an increasing number of employees are on part-time, temporary and contractual basis, making union organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. more difficult. At the Kenya Power and Lighting Company 5,000 of its 8,000 employees were employed on casual contracts. After a dispute erupted in September the company agreed to hire more workers on full time contracts.

Workers allowed to join unions in EPZs, but with restrictions31-12-2009

Workers in the export processing zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s) are theoretically allowed to join trade unions, but they still suffer appalling working conditions, and those who complain are threatened with the sack. Labour law does apply in the EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s; however, there are many exemptions. According to the Tailors and Textile Workers Union (TTWU), most firms based in EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s have refused to recognise trade unions and obstructed their efforts to organise workers. The Kenya Textile Workers’ Federation adds that getting workers to join a union is difficult because the managers at EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. companies use non-registered organisations to recruit casuals on their behalf.

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