4 – Systematic violations of rights
The ITUC Global Rights Index

Kenya

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

In practice

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Court confirms the sacking of workers for engaging in union activities – a major setback for union rights 06-01-2019

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.

Teachers Service Commission (TSC) of Kenya uses court and not social dialogue to avert strike02-01-2019

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.”

Nurses issue strike notice over government’s failure to implement CBA21-12-2018

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.

Workers of G4S security company protest over pay04-12-2018

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.

Workers’ leader arrested for inciting workers to strike29-10-2018

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.

Kenya to pass an essential service law to curtail the right to strike in the public sector17-10-2018

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. .

Nurses tear-gassed as court declares strike as illegal06-08-2018

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.

Government fails to respect its promise to implement teachers’ collective bargaining agreement (CBA) 18-10-2017

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.

Government threatens to stop transfer of union remittances 17-06-2017

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.

Striking health workers sacked03-12-2015

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
.

Teachers negotiating rights denied, strikers threatened with sack04-09-2015

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.

Striking nurses attacked30-09-2015

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.

MP calls for union leader to be arrested for calling teachers strike03-08-2015

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.

Death threats against health workers’ leader30-08-2015

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.

Striking dockers sacked 05-07-2015

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.

Striking nurses arrested05-05-2015

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.

Two informal sector union officials wrongfully arrested and detained 24-04-2015

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.

Anti-union action at Agility Logistics 02-04-2015

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.”

200 security guards sacked for joining union 30-03-2015

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Intimidation30-04-2014

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

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

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

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

Nairobi County Government suspends 500 workers30-09-2013

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

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

Violations in EPZ22-01-2014

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

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

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

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

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

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

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

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

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

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

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

Obstructing the right to strike31-12-2010

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

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

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

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

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

Trade unions under attack 31-12-2010

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

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

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

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