Atwoli attempt to fire deputy rejected

What you need to know:

  • The registrar criticised the procedure used to remove Mr Muchai, noting that the letters summoning him to appear before the board did not reach him as claimed by the board.
  • She said that Cotu’s constitution required that all members of the union’s executive board be summoned through a notice served personally or through registered post.

The Registrar of Trade Unions Wednesday rejected the dismissal of Cotu’s deputy secretary-general George Muchai.

Registrar Elizabeth Gicheha said Mr Muchai was not given “his constitutional right” to be heard before being kicked out the Central Organisation of Trade Unions two weeks ago.

“Based on the findings, I therefore regret to inform you that I am not in a position to effect the change of officials as it is apparent that the deputy secretary- general  may not have been served, hence denying him the opportunity to defend himself as required under the Rule 25 of the Constitution,” said the registrar in a letter to Cotu on Monday.

Mr Muchai was kicked out by the umbrella workers’ union board, for allegedly betraying the workers by supporting efforts by outsiders to create disunity and confusion within the board by leaking confidential information to the media.

REGISTRAR CRITICISED

The registrar criticised the procedure used to remove Mr Muchai, noting that the letters summoning him to appear before the board did not reach him as claimed by the board.

“The ambiguity surrounding the certificates of registered mail cast a lot of doubt as to whether the deputy secretary-general actually received the aforesaid letters. In my considered view, the reading of the Postmaster’s letter confirms that he did not,” Ms Gicheha noted in the letter copied to Mr Muchai, who is also the Kabete MP.

She said that Cotu’s constitution required that all members of the union’s executive board be summoned through a notice served personally or through registered post.

“It is not enough for Cotu to imply that Mr Muchai was aware of the going-on as attested to by his October 3 letter to us and his statements in the media,” she added.

Mr Muchai Wednesday said he remained the trade union’s deputy boss and would be attending its board meetings because he was officially elected by workers.

“I am the deputy secretary-general. I am in office by right. I am discharging my roles as required.. Workers will have a chance to remove or retain me in 2016,” said Mr Muchai in Nairobi.