Centre refuses to hold for long-serving Cotu chief Francis Atwoli
Cotu Secretary General Francis Atwoli.
He has exhibited a larger-than-life personality at the helm of the Central Organisation of Trade Unions (Cotu).
Mr Francis Atwoli, now in his 23rd year as Cotu Secretary-General, appears to be facing opposition his supporters see as an elaborate scheme by the government to cut him to size.
The Sunday Nation has learnt of attempts to reach out to the leadership of the Trade Unions Congress of Kenya (Tuc-Ke) – led by Nyatike MP Tom Odege (chairman) and Dr Charles Mukhwaya (secretary-general) – to plan a parallel Labour Day event at Kenyatta International Convention Centre (KICC) in a bid to rival the Uhuru Gardens event organised by Mr Atwoli.
Contacted on Saturday, Mr Atwoli said he is confident President William Ruto would attend the ceremony at Uhuru Gardens in Lang’ata, Nairobi.
“I urge Kenyans to ignore those on social media asking workers to join them in a different function on May 1. Those opposing Cotu do not understand the structures of trade unions. They do not have people to negotiate on behalf of workers,” he said.
“I don’t doubt him (President Ruto). He has maintained his word since being elected and has supported us for many years.”
The efforts for a parallel Labour Day event mirror occurrences in 2012 when at least five main public servants unions registered an umbrella body to rival Cotu.
Top officials of the Union of Civil Servants of Kenya joined forces with the Kenya National Union of Teachers, the Kenya Union of Post-Primary Education Teachers and the Universities Academic Staff Union to dislodge Cotu.
The Universities Non-Teaching Staff Union was also represented in the new organisation called the Public Servants Trade Union (Pusetu).
Pusetu aimed to take over Cotu slots in many statutory agencies, including the Salaries and Remuneration Commission (SRC).
They argued that non-civil servants had no right to represent them.
Twelve years later, an onslaught against Cotu and Mr Atwoli appears to be gathering momentum.
After failing to convince Tuc-Ke officials to participate in the Wednesday KICC celebrations, the group sent invites to corporate members of the Trade Unions Congress of Kenya (Tuco) for the parallel Labour Day fete at KICC.
Dr Mukhwaya distanced Tuc-Ke from Tuco activities.
Well-structured organs
“Tuc-Ke has well-structured organs. Its decisions are made through consensus, resolutions or mutual agreement and not based on wimps of individuals. Consequently, Tuc-Ke has not made any such decision and has no intention of holding parallel Labour Day celebrations,” Dr Mukhwaya said.
“Tuc-Ke respects Labour Day as an international day for workers to celebrate their achievements and discuss challenges as they collectively chart ways and means of confronting the challenges. Kenyan workers face challenges that require collective and concerted efforts. We, therefore, do not support parallelism or splinterism in matters labour and workers’ welfare. Labour Day celebrations will be organised as guided by Cotu-K and the International Labour Organisation (ILO).”
By yesterday, it was not clear if the Tuco team, which has two conveners – Newton Khamasi and United Progressive Alliance party Chairman Nyambega Gisesa – had secured the KICC venue for the event.
The KICC management told the Sunday Nation that Mr Atwoli has booked the place for a Cotu luncheon after the May 1 celebrations.
“We are focused on giving workers a platform they can air views. The Uhuru Gardens event is a one-man show,” Mr Khamasi said.
“That is Atwoli’s celebration and not a workers’ event.”
Mr Gisesa said Tuco would use Labour Day celebrations “to awaken the Kenyan worker to the reality that Atwoli no longer represents their interests”.
He said Migori Senator Eddy Oketch – the man behind the Labour Relations (Amendment) Bill 2024, which introduces a term limit for officials of unions and employers’ organisations or federations – has been invited to the KICC event.
Mr Atwoli has been put in a tight spot following a decision by the Private Security Regulatory Authority (PSRA) to order the cessation of deductions and remittances of guards’ trade union fee contributions to Cotu.
Private security services
The authority instituted an investigation on the collection and use of money deducted and remitted to Cotu by private security firms.
Mr Atwoli says he is unstoppable, blaming PSRA Chief Executive Fazul Mohamed for being behind his tribulations.
PSRA is a state corporation whose mandate is to provide a framework for the regulation of private security services and to provide a forum of cooperation between the industry and government security agencies.
Analysts say the authority, domiciled in the Ministry of Interior, cannot initiate such a decision without government knowledge.
Mr Mohamed says PSRA initiated a forensic audit on money submitted to Cotu “following numerous complaints from private security officers”.
He added that the decision is aimed at protecting the welfare and rights of more than 1.3 million guards.
According to PSRA, investigations have confirmed that private security guards have made significant contributions to Cotu, running into billions of shillings.
Last week, the authority directed the firms to submit a schedule of private security officers’ trade union fee deductions and remittances made to Cotu for the last 36 months as well as financial correspondence between the companies and the umbrella union regarding deductions and remittances.
Mr Atwoli opposes the term limit bill, terming it ill-conceived and retrogressive. He argues that such a proposal is against the principles of free and independent trade unions as advocated by the ILO.
The proposed legislation that is set for introduction in the Senate for the first reading is sponsored by Migori Senator Eddy Oketch.
Term of office
“The principal object of the bill is to provide for the term of office of officials of a trade union, employers’ organisation or federation and requirements for registering a trade union,” the bill states.
But Mr Atwoli said trade unions are essential, free and independent organisations representing the interests of workers, with operations guided by their constitutions.
The move by PSRA to order the immediate cessation of deductions and remittances of private security officers’ trade union fees contributions to Cotu has already received resistance from Kenya National Private Security Workers Union (KNPSWU).
The KNPSWU Secretary General Isaac Andabwa who also sits in the Cotu board said that whereas, the intent and spirit of the regulator, (PSRA), might have been in good faith, there are communication and procedural lapses that should be addressed.
“The communication is devoid of legal jurisdiction. The Cabinet Secretary for Labour bears and carries the sole mandate of issuing sectoral legal notice(s) with reference to Gazette Notice No.6912 of the Labour Relations Act(No.14 of 2007).
“We have received numerous complaints from employers, employees and concerned stakeholders in regards to the communication which has escalated into yielding confusion and state of quagmire in the sector and labour movement in the country,” Mr Andabwa said in his letter to the private security service providers. He affirmed his union’s affiliation to Cotu.
