Cotu sues to protect trade unionists from Phyllis Kandie order to resign

The Central Organisation of Trade Unions has moved to court seeking to quash Labour CS Phyllis Kandie's gazette notice that trade union officials holding political position should leave office.

Cotu boss Francis Atwoli said he had instructed lawyers to file a case under a certificate of urgency.

WAY FORWARD

He also announced Cotu's suspension of all engagements with the Labour Ministry.

Mr Atwoli, in a statement from the United Kingdom where he is meeting and addressing the Trade Union Congress in his position as President of Organisation of African Trade Union Unity (OATUU), told union officials not to relinquish their positions.

"Cotu will not sit in any meeting chaired by the Cabinet Secretary and/or her agents. Once the secretary general is back from the United Kingdom he will mobilise the entire Kenyan workforce with a view to protecting their constitutionally given constituency and representation in Parliament by their elected leaders," he said.

POSITIONS

Ms Kandie, in a special gazette notice dated December 13, 2017, directed 11 trade unionists among the two governors to resign.

Speculation is rife that the target is the combative Kenya National Union of Teachers (Knut) Secretary-General Wilson Sossion, who is also a nominated MP of the ODM party.

Nyeri Governor Edward Kahiga and his Baringo counterpart Stanley Kiptis were Knut branch executive secretaries before the polls.

However, the Nation has established that the two governors left their union positions after the elections.

But others are still holding on to their positions.

They include Bungoma Woman Representative Catherine Wambilyanga, who doubles as Kenya Union of Post-Primary Education (Kuppet) gender secretary; Bomet Central MP Ronald Tonui, who is Kuppet’s assistant treasurer; Nyatike MP Tom Odege, who is the current Secretary-General of the Union of Kenya Civil Servants.

Others are Emuhaya MP Omboko Milemba (Kuppet national chairman), Mr Mulei Mwalowa, Mr John Mwamusi, Ms Florence Bore (former Kuppet Kericho branch gender secretary) and Mr Richard Cheserem.

INDEPENDENT

But Mr Atwoli said trade union leaders are not state officers.

He added that the Labour Ministry is a tripartite ministry under the International Labour Organisation's Convention Number 144 that requires constant consultation on any issues affecting either of the social partners.

"This is outright witch-hunt meant to intimidate and harass trade unions leaders because of the political views they hold," the SG said.

Mr Atwoli further cited Article 97 (1) (c) of the Constitution that gives workers a representation in Parliament.

He named the late Joseph Mugalla, Denis Akumu, Juma Boy and George Muchai as those who served as trade unionists as well as parliamentarians.

"Where was the Cabinet secretary then to issue such orders for them to vacate office? What has changed all of a sudden to warrant such orders?" the Cotu boss questioned.