Kenya
The ITUC affiliate in Kenya is the Central Organisation of Trade Unions (COTU(K)).
Kenya ratified Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
in 1964 but has not ratified Convention No. 87 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is recognised by law but strictly regulated.
Anti-Union discrimination
The law does not specifically protect workers from anti-union discrimination.
Barriers to the establishment of organisations
- Prior authorisation or approval by authorities required for the establishment of a union
- Excessive representativity or minimum number of members required for the establishment of a union
- The Registrar of Trade Unions may refuse to register a union if another union already exists which is sufficiently representative of the whole or of a substantial proportion of the workers the new union seeks to represent.
- Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations
Restrictions on workers’ right to form and join organisations of their own choosing
- Restrictions on workers’ right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- Union membership and voting rights are granted only to persons employed in the sector for which the trade union is registered (articles 14(e) and 33 of the Labour Relations Act).
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to elect representatives and self-administer in full freedom
- The Labour Relations Act limits the autonomy of trade unions in determining the eligibility conditions of their representatives and allows for interference of the authorities in election processes (articles 31(2); 34(5); 35(4) and 36(a)).
- Restrictions on the right to freely organise activities and formulate programmes
- The law imposes strict conditions and limitations on the use and management of trade unions\' funds. The Registrar of Trade Unions also has extensive powers to audit these funds.
- Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations
- According to article 28 of the Labour Relations Act, The Registrar may cancel or suspend the registration of a trade union, employers’ organisation or federation if the Registrar is satisfied that the trade union, employers’ organisation or federation is operating in contravention of this Act.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- The Labour Relations Act excludes members of the prison service and the National Youth Service from its scope.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law but strictly regulated.
Barriers to the recognition of collective bargaining agents
- Excessive requirements in respect to trade unions’ representativity or minimum number of members required to bargaining collectively
- A union shall be recognised as a bargaining agent if it represents a simple majority of those employees eligible to become union members. This provision extends to public sector employers.
Restrictions on the principle of free and voluntary bargaining
- Authorities’ power to intervene in the preparation of collective agreements
- In accordance with the Salaries and Remuneration Commission (Remuneration and Benefits of State and Public Officers) Regulations 2013, before the commencement of any collective bargaining process the Commission advises the management of a public service on the fiscal sustainability of the proposal of the union – and that when the collective bargaining process is successful the management needs to confirm with the Commission the fiscal sustainability of the negotiated package before the signing of the agreement.
Limitations or ban on collective bargaining in certain sectors
- Other civil servants and public employees
- While the new Constitution recognises the right of every trade union to bargain collectively, it is not clear whether this right can be enjoyed by members of the Prison Department, the National Youth Service, by teachers under the Teachers\' Service Commission, and by workers in the public sector.
Right to strike
Right to strike
The right to strike is recognised by law but strictly regulated.
Barriers to lawful strike actions
- Compulsory recourse to arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation , or to long and complex conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation procedures prior 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 actions - If the parties cannot reach an agreement, they must report the labour dispute to the Minister of Labour who shall appoint a conciliator within 21 days. The conciliator shall attempt to resolve the dispute within 30 days, and only after that can a lawful strike be called. A party can also refer the dispute to the Industrial Court if conciliation fails, but not where a union may call a protected strike, i.e. a strike that concerns employment matters or the recognition of a trade union.
Ban or limitations on certain types of strike actions
- Restrictions with respect to the objective of 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 (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons) - A strike must concern the terms and conditions of employment or the recognition of a trade union. Sympathy strikes are prohibited.
Undermining of the recourse to strike actions or their effectiveness
- Other legal provisions undermining 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 - Pursuant to article 80 (1) of the Labour Relations Act, employees taking part in, calling, instigating or inciting others to take part in a strike deemed illegal breaches the employee’s contract and is therefore liable to disciplinary action; and cannot receive any payment or any other benefit under the Employment Act during the period the employee participated in the strike.
Limitations or ban on strikes in certain sectors
- Discretionary determination or excessively long list of “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” in which 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 prohibited or severely restricted - According to the First Schedule of the Labour Relations Act, essential services, where strikes are strictly prohibited, are as follows:1. Water Supply Services; 2. Hospital Services; 3. Air Traffic Control Services and Civil Aviation Telecommunications Services; 4. Fire Services of the Government or Public Institutions; 5. Posts Authority and Local Government Authorities; 6. Ferry Services.
In practice
Around 11,000 local government workers in Nairobi, Kenya, went on 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 13 October 2021 over the non-implementation of a collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement going back to 2013. The workers’ grievances for years have included lack of promotions, repeated delays in salary payments and failure to remit statutory deductions. Another grievance was lack of personal protective equipment while more recently, at least 11,000 county workers have been without medical cover since July 2021.
After two days, the Kenya County Government Workers’ Union (KCGWU) was told its members could return to work. The union hoped promises regarding the workers’ key demands would be kept, but the government had agreed to workers’ demands before and repeatedly reneged on them.
Problems resurfaced at the beginning of February, and workers gave City Hall 21 days to pay them more than KSh560 million in pending salaries and remit statutory deductions or they would take industrial action
industrial action
Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer.
. The more than 12,000 staff also accused the administration of diverting the funds to unauthorised expenditures. The diverted funds include statutory deductions and union dues amounting to Ksh490.47 million between October and December 2021 as well as staff claims for the month of January 2022 totaling KSh70 million.
Nearly 20,000 staff at 35 Kenyan higher education establishments were preparing to take part in national 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 as from 30 August 2021 over unpaid salary enhancements and broken agreements.
The secretary general of the University and Academic Staff Union (UASU), Constantine Wasonga, said the issues went back to an agreement made in 2017 that was never implemented. The union agreed to enter into further talks with government representatives after a meeting of UASU’s top members with the principal secretary for University Education and Research, Simon Nabukwesi, the day before 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 due to begin.
Workers at Style Industries, a manufacturer of synthetic hair made of fine plastic fibres that look like human hair, have been fighting since 2015 to have their union, the Kenyan Union of Hair and Beauty Workers (KUHABWO), recognised. A campaign begun by seven independent unions has been started to support the workers at Style Industries and raise awareness of the company’s refusal to recognise the union and of the company’s other anti-union tactics, such as dismissing workers for their union membership.
Style Industries, a manufacturer of synthetic hair made of fine plastic fibres intended to mimic human hair, has consistently refused to recognise its workers’ union since 2015. The Kenyan Union of Hair and Beauty Workers (KUHABWO) recruited 3,811 workers out of a workforce of 6,000, of whom 85 per cent are women, but the company did all it could to harass and discourage union members.
The dispute became deadlocked at conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
, and the case went to the Employment and Labour Relations Court, which issued a restraining order against the company in 2017. The order instructed Style Industries to stop “victimising, intimidating, coercing, harassing, and indulging in unfair labour practices” and allow for the case to be finalised in court. Further, the court said the company must stop terminating contracts and dismissing union members because of their union membership.
Despite the firm approach by the courts, the company’s union-busting tactics continued, and in May 2021 it dismissed another 150 union members. Those who were not deterred by the move and remained union members were threatened with dismissals.
Speaking at a press conference on 7 June after the launch of a campaign against workers’ rights violations, Julius Maina, chairperson of the IndustriALL (global union) Council of Kenya, said: “Style Industries management threaten workers with victimisation if they join the union. When they join the union, they are sacked. When union officials come to recruit workers during breaks or lunch time, the employer uses the police to harass and arrest the workers to stop them from exercising their rights at the workplace.”
On 9 December 2020, Education International issued a resolution calling calling on the government of Kenya to urge the Teachers Service Commission (TSC), the national employer authority in education, to desist from a campaign of discrimination against the Kenya National Union of Teachers (KNUT). The government must urge the TSC to respect international conventions as well as the country’s relevant court decisions and parliamentary decisions.
In a prolonged anti-union campaign, the TSC has discriminated against members of the KNUT, denied coverage of the collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement to members, and deprived the union of member fees.
This systematic attack against the KNUT has decimated union membership and hindered the trade unions’ capacity to represent members. In addition, the TSC is attempting to revoke a trade union recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
agreement signed in 1968.
Speaking in Voi on Wednesday, 13 November 2019, acting health executive Daniel Makoko said the County will take disciplinary measures against all workers who did not report to work on Wednesday. He noted that health care is a crucial public service and locals had a constitutional right to access affordable and quality health care.
A meeting convened on Tuesday by County Labour Officer Stephen Gona to resolve the dispute between the county government and the health workers was unsuccessful, as the two parties failed to agree on payment of Sh60 million arrears owed to workers.The county government had offered to pay the medics Sh30 million in the first phase, but the health workers’ union rejected the offer.
On Wednesday, 22 May 2019, four unions in Kirinyaga issued a seven-day notice for 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
, citing poor conditions at facilities, including Kerugoya Hospital. The four are KMPPDU; Kenya National Union of Nurses; Kenya National Union of Clinical Officers; and Kenya National Union of Medical Laboratory. On Friday, 24 May 2019, Kirinyaga County Governor Anne Waiguru ordered that her government would no longer deduct and remit union dues from doctors’ salaries, accusing the unions of sabotaging operating in the health sector and undermining her authority.
Leaders of the Kenya Aviation Workers Union, including Secretary-General Moses Ndiema, were imprisoned on 6 March for their role in instigating 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
of employees at the Jomo Kenyatta International Airport. On Thursday, 7 March, workers resolved not to return to work until their leaders were released, and asserted that the imprisonment of their leaders was a clear violation of international labour laws. The Central Organisation of Trade Unions (COTU) threatened to call nationwide strikes if the leaders were not released.
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
on 6 March was in response to the proposed takeover of the Kenya Airport Authority, which runs the country’s airports, by Kenya Airways, which many believed had been brought about by corruption and would lead to significant job losses. Police violently dispersed 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 arrested leaders using tear gas.
Strikes began on 4 February 2019 across the country, with workers striking due to the government’s failure to agree to the collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement, which includes increases to salaries and uniform allowances.
A court allowed the government’s application to suspend 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
for a period of 60 days; however, workers proceeded with 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
despite the court’s orders. On 7 March, the governors of the various hospitals affected by 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
action announced proposals to hire contract workers who were not protected by freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
laws as “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
breakers” to fill the roles of permanent workers on 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 Kenya National Union of Workers rejected this proposal as illegal and unconstitutional.
The Kenyan Court of Appeal has overturned a decision of the lower court reinstating 336 employees of tea companies including Unilever to work.
The employees, including workers from James Finlay, Unilever and Kipkebe Ltd, were sacked in October 2017 following 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 Kenya Plantations and Agricultural Workers Union had called over what it termed as bad faith tactics adopted by the employers during the 2016/17 collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement (CBA) negotiation.
The court intervened and compelled parties to the negation table, but that was futile with the union alleging that the employer was unwilling to negotiate and had failed to put a counter offer on the table. The order of the court included an order protecting the workers from victimisation. The union complained that the workers had suffered victimisation by the dismissals and sought a clarification from the court on what the judge meant with the phrase “without victimisation of any nature” with Justice Monica Mbaru ordering the reinstatement of the sacked employees, pending the determination of the case.
The employers then moved to the Court of Appeal seeking to overturn the order of the judge. The Court of Appeal ruled in favour of the firms overturning the order of reinstatement.
The Teachers Service Commission (TSC) failed to show up for a mediation
mediation
A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation
meeting called by the Labour Cabinet Secretary Ukur Yattani prompting the Kenya National Union of Teachers (Knut) to accuse the employer of acting in bad faith and throwing into doubt the effort to avert 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
by a the teachers’ union.
TSC secured a court order on Monday 1 January 2019 suspending the intended Knut 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
though the Knut still insists 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
would go ahead regardless. In granting TSC order to suspend 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
, Justice Byram Ongaya directed parties to engage in dialogue.
Wilson Sossion, Knut secretary-general, has noted: “The employer has been playing tricks and trying to paint the union in bad light and suggesting that we are the ones who are not willing to engage in talks yet they are the ones avoiding talks.”
The secretary general of the Kenya National Union of Nurses (KNUN), Seth Panyako, announced a nurses’ 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
scheduled to begin on 4 February 2019, to compel the government to implement the return-to-work formula agreed and signed on 2 November 2018 as part of the collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement (CBA).
The union had already attempted to embark on 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 November when it issued 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
note on 16 November after it had accused the government of failing to implement their return-to-work formula. The return-to-work formula was part of the 2017 CBA and was supposed to take effect on 1 July 2018.
“Nurses are highly skilled people who deal with lives of human beings. The SRC must move with speed and revise their job evaluation structure. We want to state clearly to the public that the return-to-work formula has not been met and we will not lie low,” said Panyako in November.
The nurses are demanding an annual increase of KSh5,000 on uniform allowance and a KSh3,000 increase on nursing allowance in the first year and KSh3,500 in the two subsequent years as per the CBA agreement.
320 G4S workers demonstrated at their office in Nakuru on 3 December 2018 against illegal deductions from their salary by the management. The workers also accused the management of harassment and slashing their salaries without prior consultation or having their consent.
According to Joshua Okoth, speaking on behalf of the guards, they received letters in April 2018, indicating that their salaries would be reduced, as the company was experiencing financial challenges. Mr Okoth indicates that salaries were effectively reduced in some cases from KSh16,584 to KSh14,866 and without consultations.
The case was reported to the Kenya National Private Security Workers Union when the letters were received in April and the union led workers to file a court action. The court suspended the decision until the matter was heard and determined.
According to the union’s secretary-general Brian Otiono: “It has been tough for us. Other than reduction of our salaries, we are being threatened.” Otiono alleges that the company had threatened to sack 3,700 workers opposed to the changes.
Seth Panyako, the general secretary of the Kenya National Union of Nurses, and other officials were arrested by the police for allegedly inciting nurses at the Kenyatta National Hospital (KNH) 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
. The arrest was instigated by KNH security boss Manase Mukhwana. Mr Mukhwana stated: “Panyako has no permit to incite nurses 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
. He is an outsider, hence, cannot come here to cause disruption at the hospital when nurses are at work.” According to the KNH communications manager Simon Ithai, Mr Panyako was mobilising nurses for an illegal 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 general secretary was arrested Monday morning 29 October 2019 at KNH where he was scheduled to address union members on 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. Several protesting nurses were also arrested and held in custody at the KNH police post.
The nurses at the referral hospital said the 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
followed the “management’s infringement of their right to join a union”. They further raised security concerns citing an assault on a nurse by an angry patient on October 14. “Our colleague was hurt but the management has not taken any action or given any information regarding the patient who assaulted the nurse,” one of them said. They claimed the assaulted nurse has been asked to pay for her treatment.
The Employment and Labour Relations Court is poised to hear the case between the Kenya Airways management and the Kenya Aviation Workers Union (KAWU) over condition of service including working hours for long-haul flights.
The airline’s application to the court included a request for an order compelling the staff to offer services, especially on the planned direct flights to the US, noting that the demands of the workers were rushed and in bad faith.
The chairman of Kenya Airways, Michael Joseph, characterised in the media the call by the Kenya Aviation Workers Union (KAWU) for its members to keep off the inaugural Kenya Airways (KQ) direct flight from Nairobi to New York as sabotage and irresponsible.
KAWU general secretary Moss Ndiema stated: “The requirement to negotiate and agree on augmented crew is not of our making, it is in an agreement that binds KQ and ourselves, so what option is there, the only option is one, for us to sit and agree.”
The union also argued that by compelling them to work on the flight, the courts will be aiding the national carrier to commit an illegality.
“We received management proposals for a flight scheduled for 28th of this month. One of the mistakes is they went ahead to release a roster for New York, where it indicates members will be doing more than the required 15 hours,” Mr Ndiema noted.
Meanwhile, the court on Friday 26 October 2018 ordered the union not to suspend services pending hearing and determination of the suit filed by KQ.
The majority leader in Kenya’s national assembly, Aden Duale, in April 2018 introduced bill No. 12 of 2018 giving the cabinet secretary for labour and social security powers to limit the number of public employees who could go on 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
by declaring them to be part of essential service and without consulting unions.
The amendment empowers the labour cabinet secretary to declare any public service sector “essential service” in case of 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
to prevent total crippling of services to the public. Essentially, “The cabinet secretary will have power to declare any sector in public employment an essential service during a prolonged 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 bill reads in part.
The Labour Relations Act defines essential service as services which if interrupted would endanger the life of a person or health of the population.
The bill requires the union to call out its members for 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 only after meeting a support threshold of three quarters of fully paid-up members. Additionally, unions will be compelled to negotiate the type of services that must continue 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
action and also the minimum number of employees to continue working 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
action.
The secretary general of Kenya national union of teachers, Wilson Sossion, has indicated that “The bill contravenes fundamental guidelines of the constitution that need to be in place to protect workers.”
Additional proposals by MP Kimani Ichungwa provide for a fine of KSh500,000 or three months’ imprisonment of any union official if 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
he or she has called disrupts the services listed as essential.
COTU secretary general Francis Atwoli has rejected the proposed amendments noting that “Kenya boasts one of the strongest and well-managed tripartite arrangement through the Labour ministry, employers and workers. Issues with regard to labour legislation are well articulated through the National Labour Board, where all partners are represented,” confirming that the amendment process has been unilateral and without social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
.
Police fired tear gas to disperse Kenyatta National Hospital nurses who had staged 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 push for health workers’ service allowance. The health workers insist on continuing 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 spite of pleas by KNH CEO Thomas Mutie.
KNUN’s secretary general Albert Njeru condemned the police for using tear gas at the hospital stating: “We urge the police officers to maintain security and not throw tear gas at striking nurses”.
The Labour and Employment Relations Court subsequently declared 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
illegal. Her Ladyship Justice Maureen Onyango issued the order following a successful application by the hospital.
A doctors’ union has protested against plans to replace existing permanent and pensionable employment contracts of specialists with precarious contracts. The Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU) rejected this attempt.
The KMPDU secretary-general Dr Ouma Oluga said: “We have doctors who are currently on contract and we are still fighting for over a year now to have them paid.”
KMPDU was not a signatory to the communiqué between the Ministry of Health and other stakeholders signed on March 28, stating that new employment terms not to hire specialists on permanent and pensionable terms was proposed and agreed.
By replacing permanent posts with precarious contracts with no guarantees or protection, the Ministry of Health further impedes the capacity of doctors to organise and defend their collective rights.
On 3rd November 2017 thirty-five of the nurses from Murang’a General Hospital who had joined a national 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
organised by the Kenyan National Union of Nurses (KNUN) were denied access to their work stations when they returned to work following the end 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
. Nurses in 47 counties had been on 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
since June demanding implementation of the collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement negotiated in January. In September, the governor of Murang’a County announced that nurses who would not return to work immediately would be dismissed. Subsequently, he hired thirty-five new nurses to replace the striking staff members. County Executive Committee member responsible for health instructed the hospital’s authorities not to allow any nurse who earlier had not returned to work to enter the premises and called the dismissal decision “irreversible”. The nurses have filed the case with the Labour Court.
On 11 October 2017, tea workers went on 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
organised by the Kenya Plantation and Agricultural Workers Union (KPAWU), demanding implementation of the 2016/2017 collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement, which, among other issues, awarded workers a 30 per cent increase in salaries. The Labour Court ordered 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
to be called off and the parties to negotiate the collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement (CBA) before the Labour Commissioner. The companies – The Kenya Tea Growers Association; Unilever Tea (K) Ltd; Sotik Tea Company Ltd; Kakuzi Ltd; and Eastern Produce (K) – failed to attend the meeting and instead started to dismiss striking workers and evict them from the company quarters. On 19 October the Labour Court issued a temporary order stopping the dismissals and evictions and ordering the resumption of negotiations. The companies, however, continued to target striking workers and their leaders. On 22 October two shop stewards – Isiah Odhiambo and Charles Parcal – were accused of trespassing and arrested by the police, while the company initiated their dismissal. As of December 2017 the case is still in court.
On 18th October, the Trade Unions Congress of Kenya announced its support for lecturers in 31 Kenyan public universities who have given 21 days’ 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
notice after the universities’ councils failed to increase their basic salary and housing allowance, envisaged by the 2013-2017 collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement. The implementation of the CBA was the subject of a six-month 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 earlier this year. Between January and June, the Kenya Union of Domestic Hotels, Education Health Institutions and Allied workers (KUDHEHIA), the Kenya University Staff Union (KUSU) and the University Academic Staff Union (UASU) led 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
action of university teachers, demanding implementation of the 2013-2017 collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement and arguing that the government has been refusing to raise their salaries since 2010. In July the government pushed for the end 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
, promising to implement the CBA and threatening that in case 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
continued, all the universities would be closed until the end of the presidential elections that took place on 8th August and no salaries would be paid. After 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
action was called off, the government failed to show commitment to respect its promise to implement the CBA.
On 28th September 2017 a small group of nurses organised by the Kenya National Union of Nurses (KNUN) gathered outside the Ministry of Health demanding to have an audience with the Minister. As soon as the group started to peacefully walk towards the Parliament, police attacked them with tear gas canisters. A few nurses were also arrested but were later released. The head of Nairobi Police said his officers had taken action to prevent the nurses from damaging the gate to the building. He refused to make any apologies and vowed to take the same steps should any further demonstrations take place. The Minister of Health has not met with the KNUN.
In the beginning of June, the nurses went on 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
organised by the Kenya National Union of Nurses, demanding registration of a collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement (CBA) that was negotiated in January. The agreement provided for monthly allowances totalling Sh 25,400 (USD 244) for each nurse. The government refused to recognise 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
as lawful and demanded that KNUN provide a proof of trade union membership of each individual nurse within 90 days. On 17th June 2017 the Council of Governors – a body that consists of governors of all Kenya’s 47 counties – issued a circular in which it instructed county governments to stop monthly subscription fees to the Kenya National Union of Nurses until verification of every member is done.
On 23 March 2017, Tharaka-Nithi Governor Samuel Ragwa dismissed 361 nurses who were on 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
demanding promotion, nursing service allowance and remittance of various statutory deductions. Previously in September 2016 and in the months of February and March 2017, the Kenyan National Union of Nurses in Tharaka-Nithi County called 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 order to protest the non-payment of wages and failure to transfer statutory deductions for trade union fees. In response to the collective action, the county government threatened to sue the officials of the Kenya National Union of Nurses branch for calling 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
“with no genuine reason”. Before dismissing the striking nurses, the county government also applied sanctions such as the confiscation of salaries against all nurses participating 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
.
On 7th March 2017 Kenyan President Uhuru Kenyatta issued a directive ordering county governments to dismiss doctors who continued 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
and failed to return to work. Starting in December 2016 at least 5,000 doctors went on 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
for better pay and working conditions and to protest the disastrous state of Kenya’s public health care. Speaking in Turkana County the following day, the President said that doctors must return to work before any negotiations could continue and announced that doctors failing to return to work could be replaced with newly recruited specialists. Following the President’s speech, several counties immediately initiated dismissal proceedings. In Murang’a, 45 medical officers were served with dismissal letters after they failed to return to work. In Kirinyaga, all the 65 striking doctors employed by the county were suspended without pay for failing to resume duty. Kenyatta National Hospital dismissed 12 doctors who were among those who refused to resume work and threatened those failing to resume work with eviction from the hospital quarters and other administrative actions. Doctors were reinstated when the final agreement was reached later in March.
On 13 February 2017 a Kenya court resumed the jail sentence for six officials of the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU). In January the KMPDU officials were sentenced to a one-month suspended jail term for failing to call off a two-month 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 were ordered to finalise negotiations with the government within two weeks. The court refused to recognise the legality 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
that concerned lack of implementation of the 2013 collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreement arguing that since the agreement was never registered, it was not binding. At least 5,000 doctors were on 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
for better pay and working conditions and to protest the disastrous state of Kenya’s public health care. Following the court’s ruling, the government threatened doctors not willing to resume duties with dismissal and immediately initiated the first steps of the disciplinary procedure. The six KMPDU officials were released after two days. The court ordered KMPDU to finalise negotiations with the government within one week. A final agreement was reached only in March.
Doctors in Nairobi County went on 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
following a six-month period of non-payment of wages and benefits, including pension deductions and medical insurance deductions, making it impossible for the doctors themselves to access medical services if in need. In reaction, the County Government issued a warning that any doctor that did not resume duties with immediate effect would face disciplinary dismissal. The Kenya Medical Practitioners and Dentists Union called on its members to continue 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
.
The Kenyan National Union of Nurses in Tharaka-Nithi County called 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 order to protest the non-payment of wages and failure to transfer statutory deductions for trade union fees. In response to the collective action, the County Government threatened to sue the officials of the Kenya National Union of Nurses branch for calling 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
“with no genuine reason”. The County Government also announced sanctions - confiscation of salaries and procedural moves towards dismissals - against all nurses that failed to immediately resume their activities.
The Governor of Nandi province announced the dismissal of 200 nurses that were among those who went on a five-week 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
, accusing them of putting the lives of patients at risk by leaving their posts. The Governor’s decision was taken in breach of the directive by the Employment and Labour Relations Court that ordered workers to be allowed to return to work without victimisation.
The Busia County Government sacked over 1,000 health workers on 23 November after they had been on 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
for a week. 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 by the Kenya National Union of Nurses (KNUN) and the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPPDU) after talks with county officials broke down. The health workers’ grievances included delays in payment of salaries, lack of promotions and the shortage of drugs.
After issuing the dismissal letters, the county government went to court to have 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
declared illegal.
Finally 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
ended with a 7-point negotiated agreement signed on 3 December, and all the strikers were allowed to return to work with a promise that nobody would be victimised for taking part 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
.
Striking nurses at the Kerugoya County hospital in Kirinyaga County were beaten up by thugs on 7 September 2015 as they assembled outside the hospital. Three nurses were injured and required hospital treatment. The treasurer of the Kenya Association of Nurses (KAN), Jane Ngiabi, said they believed the attackers were militia hired by the country government to intimidate them.
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 a week later after most of the nurses’ demands were met.
Kenya’s Supreme Court ruled in August 2015 that state teachers should get a pay rise of between 50 to 60 per cent, in line with the demands made by the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post-Primary Education Teachers (KUPPET). The government, however, argued that it did not have money to fund the pay rise, and refused to pay. The unions had been struggling for over 18 years to get a pay rise, facing repeated broken promises by governments, and decided to call their members out on 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
if they did not get their salary increase by the beginning of the school year on 31 August. There was no pay rise and 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, with over 280,000 teachers taking part.
On 4 September a Nairobi court declared that 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
, which officially began on 1 September, was “unprotected”, meaning that any teacher boycotting work was not shielded from disciplinary action. It stopped short of declaring 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
illegal.
On 14 September the striking teachers were given an ultimatum to report to work by Friday or face the sack. Their employer, the Teachers Service Commission (TSC), also said the striking teachers would not to be paid for the days they had not worked. The teachers were not sacked, but 245,000 out of 288,060 teachers missed their September salaries. The TSC paid only 42,973 of them, mostly principals, their deputies and heads of departments, who are not eligible to join the unions and who stayed in school 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
.
Finally on 25 September the Employment and Labour Relations Court Judge Nelson Abuodha directed the teachers’ unions to suspend 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
for 90 days. Conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
and arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
would take place during that time, at the end of which either party would be at liberty to declare a trade dispute if the conciliation
conciliation
An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation
failed. The judge also declined to declare 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
illegal. Teachers resumed work at the beginning of October.
In November a Kenyan appeals court rejected the pay rise of up to 60 per cent previously awarded to the country’s teachers by an industrial court. The court found that the labour and employment court lacked jurisdiction to rule on the matter. The Central Organisation of Trade Unions (COTU) took the case to the ILO
International Labour Organization
A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.
See tripartism, ITUC Guide to international trade union rights
in November, explaining that “The Kenya government blatantly said it won’t pay and never will it honour nor negotiate with Kenya National Union of Teachers and Kenya Union of Post Primary Education Teachers.”
The TSC had still not begun pay talks by the beginning of January 2016 and had not deducted union dues for October, November or December, starving the union of funds.
The Chairman of the Kenya Medical, Pharmacists and Dentists Union (KMPDU), Samuel Oroko, received death threats over a health workers’ 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 August 2015. He received calls from two different phone numbers threatening to chop off his head for his role 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
.
Five trade unions in the health sector, the Kenya National Union of Nurses (KNUN), the Kenya Clinical Officers Association (KCOA), the Association of Medical Lab Officers (Amlo) and the Kenya Medical Practitioners and Dentist Union (KMPDU), controlling about 1,600 workers, issued a two-week 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
notice. The unions said the notice would expire on 30 August and if their demands were not met, they would down tools as from September 1. They accused the Meru county government of concentrating on construction, renovation of hospital buildings and purchasing new equipment while ignoring the welfare of the workers.
The county had a severe shortage of nurses, clinical officers and medical doctors. The unions accused Mr Munya of freezing annual salary increments and routine job promotions, which they claimed affected 1,000 of their members.
The MP for Gatundu South, Moses Kuria, called for the arrest of the General Secretary of the Kenya National Union of Teachers (KNUT), Wilson Sossion, for leading a teachers’ 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 MP claimed 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
amounted to economic sabotage, and likened the teachers’ action to terrorist activity.
The teachers had called 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
over an unresolved demand for a 50 to 60 per cent pay increase. Anger mounted further after the Teachers’ Service Commission (TSC) failed to pay that month’s salaries. When 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 on 3 August, the TSC declared it illegal and said teachers would not be paid for the days they did not turn up to work.
The Labour Relations Court later found in the union’s favour, calling for a rise in teachers’ pay.
On 4 July 2015 East Africa’s biggest port in the Kenyan city of Mombasa summarily dismissed 28 workers for organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
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
that paralysed operations for two days. Over 2,000 workers went on 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 1 and 2 July in protest against higher deductions for the government’s national health insurance scheme, the National Hospital Insurance Fund (NHIF), without an increase in wages. The port’s management promptly threatened to fire them, and advertised their positions. On 3 July the government obtained a court order blocking the strikes.
At a nearby college owned and run by the port, at least ten people were injured in a stampede on the morning of Saturday 4 July, as thousands turned up for the advertised interviews to replace the striking workers.
Acting Transport Minister James Macharia then reversed the dismissals. Despite this decision, however, the Kenya Ports Authority went ahead with the sackings, and on Sunday 5 July port security guards and the police forcibly evicted the 28 sacked employees from KPA houses. Those sacked include shop stewards and members of Dock Workers’ Union (DWU) executive board.
The following day the Employment and Labour Relations Court in Mombasa ordered Kenya Ports Authority to allow the 28 sacked workers to return to their staff houses pending the hearing of their case. Justice James Rika said the workers were illegally evicted from the houses for participating in the countrywide 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
over NHIF deductions.
COTU reported that the state had investigated its accounts in late 2014 and early 2015 on allegations of corruption in the unions. COTU believes these allegations are mere propaganda by the Labour Ministry owing to its differences with the General Secretary of COTU. At the time of writing the matter was still before the courts. In September 2014 the Governor of Kakamega Country, the Hon. Wycliffee Ambetsa Oparanya reportedly warned county workers against joining trade unions and described trade unionists as individuals “fighting for their own survival”.
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.
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
.
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.
Six officials from the Kenya National Union of Nurses officials were arrested on 4 May 2015 for allegedly inciting the health workers 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
. About 450 nurses were taking part in a demonstration 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
to demand higher wages and to protest that the terms of an agreement reached with the Health Ministry, following a February 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
over unpaid allowances, had not been met.
The six officials spent the night of 4 May in jail after they were denied bail following an alleged call from a county government official, but were released on Tuesday morning. 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 one week later following talks with the county government.
Joseph Ndiritu, chair, and Mwangi Wanjoya, organiser, of the Public Transport Operators Union (Puton) were arrested on 24 April 2015 for the illegal collection of funds, when they were simply carrying out the normal collection of union dues. They were detained for over six hours without any criminal statement being taken and no formal charges being made.Further to the intervention of the International Transport Workers’ Federation (ITF), the assistant labour commissioner, P. N. Macharia, took action. He contacted the police officer in charge and explained that the officials’ actions were legitimate under Kenya’s new labour laws introduced in 2007. As a result, the men were released.
ITF Africa regional secretary Joseph Katende commented that there had been a sharp rise in cases of Kenyan police being used against trade unions.
When a team from the International Transport Workers Federation (ITF) visited workers from Agility Logistics in Nairobi and Mombasa, it discovered a series of anti-union activities. The ITF team was in Kenya from 27 March to 2 April 2015 to look into the Kuwaiti-owned company’s treatment of its workforce, 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
that ended with workers being attacked and beaten by police. As well as workers, the team met with organisers and officials from their union, the Kenya Long Distance Drivers and Allied Workers Union and with the Kenya Dock Workers’ Union, who were at the ready to take solidarity action.
At a meeting in Nairobi on 31 March, Agility’s Kenya CEO, Mr. Ali Saibaba Kola, told the ITF team that he would not voluntarily recognise the long distance truckers’ union.
This anti-union approach was confirmed by what happened over the next few days. On 1 April, union activists threatened with transfer were locked out of their workplaces, unionised warehouse workers were told they had to sign an agreement to go to an agency employer in a move that would lose them all their rights, and all workers had their pay delayed until after the Easter holidays. Finally police were deployed to escort drivers, making them travel in a ten-truck convoy, apparently because the company feared industrial action industrial action Any form of action taken by a group of workers, a union or an employer during an industrial dispute to gain concessions from the other party, e.g. a strike, go-slow or an overtime ban, or a lockout on the part of the employer. .
“The company is behaving in bad faith. I’ve seen clear evidence that Agility Logistics is intensifying its anti-union efforts and have heard many stories of atrocious working conditions, as well as of bullying and intimidation to prevent workers from joining the union,” said delegation member Martin Mayer of the UK’s UNITE union.
The anti-union intimidation continued. Three weeks after the ITF’s visit, for example, Ruth Matahi, a clerical worker, explained how she was manhandled by security guards in a message to the shareholders of British American Tobacco (BAT), one of Agility’s biggest customers. “Last week, in Kenya, Agility security guards manhandled me for turning up to work. They treated me as an intruder and pushed a desk out of the way to get at me. They grabbed my blouse and tore it. Agility was angry because I challenged a decision to transfer me to thousands of miles away from home. I am an active union member and have been encouraging my fellow workers to join the union.”
The Kenya National Private Security Workers’ Union (KNPSWU) reported that by mid-March 2015 more than 200 members had been sacked since the beginning of the year, after they filled forms to join the union. The union’s Secretary General Isaac Andabwa believed the companies concerned took the action to intimidate workers intending to join the union. Mr. Andabwa said most of the reasons for dismissal were flimsy, citing a case in which a guard was allegedly sacked for not putting on a raincoat, an item that it was the employer’s duty to supply.
Some employers did not follow to the industrial dispute
industrial dispute
A conflict between workers and employers concerning conditions of work or terms of employment. May result in industrial action.
resolution mechanism before sacking staff, said the KNPSWU. The Ministry of Labour had ordered the reinstatement of five guards who had been summarily sacked.
Andabwa said companies were arm-twisting workers to dissuade them from joining the union, noting that even after entering into recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
agreements, some were reluctant to sign collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
agreements.
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.
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.
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.
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.
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.
In October 2012, Francis Atwoli, the General Secretary of the Central Organisation of Trade Unions (COTU) was arrested for contempt of court. The High Court imposed a fine of Sh 500,000 for disobeying a court order to stop a worker’s 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
. Atwoli had refused to stop 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
because the workers had complied with the legal notice period.
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.
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.
The Central Organisation of Trade Unions- COTU has criticised the Industrial Court for dragging its feet in resolving disputes between employers and workers. Rather than intervening during the seven days’ 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
notice given by unions, the court tended to wait until the notice period ended then declare 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
illegal, allowing employers to order employees back to work. COTU appealed to the courts’ judges to compel both parties to come together to seek a solution to their dispute within the seven days of the notice issued by either party.
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.
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 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.