Statement about Bro. Francis Atwoli, MBS, Secretary General, 12th April, 2009 

Francis Atwoli is known over the years for defending workers rights and basic Human Rights including transforming COTU (K) into centre for National guidance.

If and whenever you might be misguided by a distorted historical background of Mr. Francis Atwoli, please visit our library both at Tom Mboya Labour College (in Kisumu) and COTU (K) headquarters (in Nairobi) for clarification.

Nyayo Stadium is a National Heritage and Kenyans will never let it go.

Press Release by Bro. Francis Atwoli, MBS, Secretary General, on SPARE NSSF THE TIRADE, 9th April, 2009 

The National Social Security Fund, NSSF has for many years travelled a treacherous road strewn with political intrigues and interferences.

Like any government institution, its past carries with it stories of corruption and mismanagement. However, the NSSF Management and the Board of Trustees, which have recently come under a myriad of attacks from all and sundry, struggled to restore sanity to the country’s largest provident fund.

Despite the weaknesses that politicians have dramatized, the management and the board resuscitated the giant institution from the ICU to profitability, building an enviable portfolio of close to Ksh. 100 billion.

It is no wonder that when the money began coming in, interest in NSSF affairs was suddenly rekindled.

Similarly, when the National Bank of Kenya, in which NSSF holds a controlling stake, started turning in impressive profits, the greedy eye suddenly saw a chance to eat; and proposal to sell the bank to a “strategic investor” was quickly tabled.

However, we wish to advice our customers to read with a pinch of salt statements from politicians and private institutions that have direct or covert interests in the workers fund.

Many politicians some senior government ministers have issues with the NSSF because they are linked to the dark historical past.

It is in this light that the Wednesday, April 8^th, 2009 statement by Public Service Minister Hon. Dalmas Otieno should be viewed. Hon. Dalmas Otieno was quoted threatening to pull close to 26,000 civil servants out of the NSSF scheme.

The Hon. Minister should imbibe the words from Chinua Achebe’s novel, “The Arrow of God that: A man who brings home anti-infested faggots should not complain if he is visited by lizards.” Or: “The fly that has no one to advise it follows the corpse into the grave.”

The Hon. Otieno was associated with a financial institution called Thabiti Finance Company Limited which owed the NSSF more than Ksh. 250 million by the time it folded in December 1994.

It is common knowledge that most of those financial institutions which folded in the 1990s were established with the sole motive of siphoning money from Parastatals. Once their mission was accomplished, they swiftly went under and the owners went into politics to condemn corruption from high moral platforms.

Might the minister want to check his historical records before launching a scathing attack on the management or purported mismanagement of the NSSF?

Politicians are known for speaking their minds, but it is at times wise to pause to bite such words. I wish to urge all Kenyan workers to desist from the temptations of following the mob lynching instincts by calling for the death of individuals or institutions without seriously thinking about the ramifications of such actions.

Most countries in the world have mandatory schemes such as the NSSF where contributions are minimal to accommodate the poor of society. When such schemes are mismanaged or come under scrutiny, wisdom dictates that we do not kill them but fix the problems that exist within and without them.

If well managed without political interference, NSSF is one of the sure vehicles that the government can use to realize the Vision 2030 dream. Like similar schemes in Singapore, NSSF can help alleviate poverty, eliminate housing problems, construct roads, empower farmers and lend government money for development through purchase of infrastructure bonds, etc.

The following questions beg answers:

Why does Hon. Dalmas Otieno and a few other politicians want to sell National Bank of Kenya, NBK to a “strategic investor” just when it is beginning to turn in profits to pay interest to workers? The opportunity cost incurred by the workers when their savings were used to rescue NBK must be compensated with good dividends and not a sale of the institution which has taken years to turn to profitability.

What is the fate of over Ksh. 250 million workers money owed to NSSF by the collapsed Thabiti Finance Company Limited?

What NSSF needs at the moment is support from government, wananchi and all stake holders and not reckless condemnation.

Press Release by Bro. Francis Atwoli, MBS, Secretary General, on COTU (K)'s STAND ON KUJ's ALLEGATION, 27th March, 2009 

The case filed by the Kenya Union of Journalists (KUJ) is unconstitutional, ultra vires and irregular and no court in its right thinking and Jurisdiction will allow such an abuse of law. This is simply because KUJ is  an affiliate of COTU (K) and COTU (K) nominates its representatives to the NSSF Board for the Minister’s appointment upon the recommendation of COTU (K), KUJ therefore knows where it can launch its complaints.

The report by the State Corporation Inspectorate Department quoted in the affidavit which was haphazardly carried out, is not incriminating and criminalizing anybody on the board of NSSF Trustees and whoever bases his argument on the report is not only irrelevant but does not understand the law and its implications.

If the report had some criminal elements as alleged by Mr. Orina in his affidavit, then those involved would have been arraigned in court of law for charges. We therefore promise to defend ourselves against that pact of lies by Mr. Orina.

It is COTU (K) and FKE who have for the last five years extended the capital base and portfolio of NSSF from 25 Billion Kshs to 100 Billion Kshs and nobody would believe those people who are sponsored by those who are after both NSSF money and its investments at the National Bank of Kenya and we know them and soon we will reveal their names and shame the leadership of KUJ. Our Attorneys are ready and prepared to defend and protect workers’ money and interests at NSSF and NBK to the hilt.

Today any retiree can access his retirement benefits at the NSSF within 14 days and therefore the fight against COTU (K) and FKE is politically motivated by those who are eying workers money for the 2012 General Elections. We are also aware that Mr. Orina has no mandate from his Union to take the matter to court.

Press Release by Bro. Francis Atwoli, MBS, Secretary General, on COTU (K)'s CONCERNS OVER THE FEDERATION OF KENYA EMPLOYERS' (FKE) ON JOB LOSSES DUE TO ECONOMIC RECESSION AND POST POLL VIOLENCE 27th March, 2009 

The Central Organization of Trade Unions’ COTU (K) attention has been drawn to a report carried by a section of media in which it is alleged that 500 firms laid off workers in the second half of year 2008 due to post election violence, high labour costs, the new labour laws and inflation.

At the outset, COTU (K) would wish to call upon the leadership of employers in Kenya to desist from inciting employers over issues that have satisfactorily been put to rest by those concerned including the ninth Parliament which enacted the new labour laws.

COTU (K) notes with gratitude that majority of employers in Kenya have fully embraced the new labour laws and are abiding by them including entrenching some of the important provisions in the Collective Agreements accelerate workers education on them.

While it is well understood that Kenya underwent the most trying period in the history of its independence as a result of the post election violence in January 2008, COTU (K) has remained satisfied with the understanding demonstrated by Kenyan employers who did not seize the opportunity to victimize workers who, for one reason or the other, were unable to report to work over a long period of time under the prevailing conditions then. COTU (K) also observes that many workers gradually reported back to work and were unconditionally absorbed.

Appreciating the fact that, the global recession had an impact on our local industries and that, some companies had a poor performance last year due to power increases and high fuel prices, the indication by the FKE’s report that this trend is unlikely to change any time soon is a big fallacy if not sheer ignorance given that, global fuel prices have drastically gone down and the cost of electricity has reduced thereby, pushing down the cost of doing business in Kenya.

Taking these reductions into consideration, and noting that there is a clear commitment towards radical improvement of our road infrastructure it should be expected that these gains will translate into a rapid economic recovery this year and hence no cause for alarm by the FKE. The country is also now experiencing some sufficient sense of security to attract, encourage and sustain increased investment.

For these reasons, the preliminary report advanced by the FKE must be condemned and should not be used as scapegoat for dismissing workers as this does not in any way help to recover an ailing economy but instead, reduces the much needed workforce for economic recovery thus, hindering the progress towards the attainment of economic growth.

COTU (K) urges the few employers named in the FKE’s report who are well known for their negative attitude towards workers, to refrain from taking a defeatist stand and join the majority of employers who stood firm with their workers during the difficult and tying period, in devising economic recovery strategies for the betterment of social economic welfare of our people to the benefit of one and all.

Press Release by Bro. Francis Atwoli, MBS, Secretary General, on MESSAGE OF GRATITUDE  TO  HIS  EXCELLENCY  THE  PRESIDENT  HON.  MWAI  KIBAKI,  FOR AWARDING WORKERS' A DAY OF JUBILATION, 9th November, 2008 

On behalf of the Central Organization of Trade Unions, COTU (K) Executive Board, affiliate Unions and the entire Working fraternity, I would like to send our appreciation to His Excellency President Mwai Kibaki for awarding workers a day of celebration on  Thursday the 6^th of November 2008. This was of a great benefit to workers to join the World by expressing a joint jubilation as a Nation towards the historic victory of the United States of America’s President Elect Barrack Obama.

We promise a close dedication in recognizing and reciprocating the President’s Good will by redoubling our efforts at our various places of work.

Press Release by Bro. Francis Atwoli, MBS, Secretary General, on INVESTMENT OF NSSF WITH DISCOUNT SECURITIES, 22nd October, 2008 

The Chairman of National Social Security Fund, NSSF Board of Trustees had issued a statement on this Investment. This was after the Board of Trustees learnt that the Management Investment Committee, which monitors, recommends, evaluates and advises the Board of Trustees, had not informed the Board of Trustees and action was taken against them on Thursday16^th October 2008 before the Minister purported to have dismissed the Board on Friday 17^th October 2008.

Controls of investments are a day to day Administrative, Financial and Managements obligation. It is not the duty of the Board of Trustees. The duty of the Board of Trustees ends at recommendations and approvals as requested by a technical team of management. To that effect the statement was made. I therefore challenge any Member of Parliament who has circumstantial evidence to directly or indirectly commit me as a Trustee to report to any authority for investigation and those with malice should make such a statement outside Parliament.

Members of Parliament should not use Parliamentary impunity to single me and personalize the issue using Parliamentary Forum where I cannot defend myself. It is against the Parliamentary Standing Orders and all known natural justice and any fairness that should be applied to any citizen who is a non Member of Parliament.

We have openly said that let credible and known institutions of investigation move in with speed and investigate the involvement of Board of Trustees in the so much alleged financial scandal.

NSSF is a Public Fund and there is no way we can stop investigation. It is incumbent upon Members of Parliament to amend the NSSF Act if they so wish and for a long time we had a proposal to amend the NSSF Act from a Provident Fund to a Pension Scheme and have been let down by both Members of Parliament and the Minister for Labour. However, as the law stands now, it must be read the way it is and must be respected.

When I joined the NSSF Board in the year 2002 it had a portfolio of between Shillings 25 and 30 Billion, today it enjoys 100 Billion Kenya Shillings portfolio, and let us follow the law.

Lastly, I dare any Member of Parliament including Hon. Bonny Khalwale  of Ikolomani to repeat what he said outside Parliament.

Press Release by Bro. Francis Atwoli, MBS Secretary General, on Issue of Recognition of KUPPET,10th September, 2008 

The Central Organisation of Trade Unions, COTU (K)’s attention has been drawn to the claims by Education Minister Prof. Sam Ongeri to the effect that the government does not recognize the existence of Kenya Union of Post Primary Education Teachers, KUPPET.

The statement by the Minister is unfortunate, retrogressive and provocative to a legally registered trade union with a membership operating within the confines of the law as dictated by the relevant arm of the government to which the Hon. Sam Ongeri is part of.

We wish to clarify to the Minister that the issue of recognition is a procedure and not mandatory as he would wish Kenyans to believe and KUPPET is duly registered under the Kenyan Labour Laws and qualifies to enjoy all the required protection as provided for by this very same Labour Laws.

It is absurd that the very government that Audits KUPPET annually as a trade union now somersaults and denies its existence and this is a dangerous precedence that the government will be setting and portraying itself in a manner that shows that whatever one arm of the government is doing, the other one could as well ignore and rubbish as non-binding.

Let the government know that it is for truth that KUPPET should enjoy the legal status of a trade union bound within the law to negotiate and bargain for better terms and conditions of service for its members without any hurdles from any quarters.

COTU (K) will not sit back and watch as a body duly registered to represent workers is trampled upon and verbally illegitimated  by individuals hell-bent on suffocating and frustrating the Industrial peace this country has enjoyed over the years.

Press Release by Bro. Francis Atwoli, MBS Secretary General, on Retirement Age for Civil Servants, 1st September, 2008

The Central Organisation of Trade Unions, COTU (K) fully supports the proposed amendments to the Pensions Act by Igembe South MP Mithika Linturi that will see civil Servants’ retirement age raised to 60 as opposed to the current 55.

For years, COTU (K) has continued to advocate for an increase in the Civil Servants’ retirement age to 60 years in line with International requirements as well as regionally within the East African Community member states.

Particularly, the International Labour Organisation, ILO’s retirement age is 60 and this has been globally accepted and domesticated including in regional countries like Burundi, Rwanda, Tanzania, Uganda and in Zanzibar and for Kenya to be an exception both globally and regionally only helps to Isolate the country further.

At the same time, a motion seeking to limit those seeking for presidency to be below 65 years is misplaced and aimed at suffocating and frustrated the country’s hard-earned democratic space.

Any Kenyan interested in Presidential, Parliamentary or Local Authority’s seat should not be projected in the narrow view of his/her age but on his/her competence and be given a fair democratic judgment other than subjecting such a person to a state of timid and hopelessness due to age.

Even in leading world democracies like the United States of America, USA, age has never been a benchmark for leadership and today, one of the leading contenders for the USA presidency, John McCain is now celebrating his 72^nd birthday and this is despite the country being such a developed economy.

Further, one of the most successful and effective African President Abdulahi Wade of Senegal embarked on his second team at the age of 83 years and this has never deterred him from being the most outstanding leaders on the entire African continent and today he is credited with some of the famous economic initiatives such as NEPAD.

It is therefore unacceptable and retrogressive for the country to elect its political leaders on the basis of age other than such decision being informed by one’s record of service delivery, competence and acceptability to the general populace.

Press Release by Bro. Francis Atwoli, MBS Secretary General, on Claims that National Social Security Fund to Sell 25% of its Shareholding at NBK, 2nd August, 2008

The Central Organisation of Trade Unions, COTU (K) has read with concern reports appearing in today’s Dailies indicating that the National Social Security Fund, NSSF Board of Trustees has already approved the decision to sell 25% of its shareholding at National Bank of Kenya, NBK to a strategic investor.

We wish to distance ourselves from these claims and clarify that as a key member of the Board of Trustees of this workers Fund, the NSSF, COTU (K) is not party nor aware of such decision.

The NSSF controls 48% shareholding at NBK, nearly a half of the total shareholding compared to the government’s 22% with the balance remaining in the hands of Kenyans.

However, the NSSF as a workers’ Fund will push for the retention and further acquisition of more shareholding at NBK and already as the Chairman of the Finance Committee of the Board of Trustees, I am in the process of preparing a paper for the NSSF to proceed and buy the government’s 22% shareholding in the wake of the Bank’s good performance and this will see the Bank wholly Kenyan and owned by Kenyans.

It is totally unacceptable and COTU (K) is prepared to pay the extra price to ensure that no strategic investor foreign or otherwise acquire any shareholding in NBK.

Kenyans are all alive to the destruction and torments that have since been caused by these so called strategic investors and we have witnessed them bring down our key institutions including the Kenya Railways, which is now on the brink of collapse as well as Telkom Kenya where a work-force of 27000 was reduced to 3000 rendering millions of dependants and Kenyans jobless and today, two major problems continue to torment Kenyans, transport and communication respectively.

For instance, Safaricom sale only proved a sham since millions of Kenyans are now queuing for their refunds day and night as banks wreck in millions.

COTU (K) is surprised that a cabinet of 40 Ministers could not prove patriotic enough and advise our most respected head of state, a distinguished economist by all standards on such a matter that calls for careful sobriety.

Kenyans are not prepared to sit back and watch as their strategic businesses are run down with impunity by foreigners and/or unkown strategic investors.

We fought for the independence of this country in order to gain control of our economic freedom, create jobs for our people, and protect the megre jobs available as well and control the eventual destiny of our country.

Any attempts to subvert the good intentions and aspirations that have seen this country calvanize itself in terms of aims and objectives as reflected in our national anthem shall be resisted at all cost by the workers and Kenyans in general.

Let nobody cheat the head of state that the NSSF Board of Trustees which I sit on, wanted its shares from NBK for diversification of investment.

When the bank was previously performing poorly, the then two Managing Trustees of NSSF Jos Konzolo and Naftali Mogere had asked the board to approve the sale of the shares owned by NSSF to which the government declined and this begs the question, why now?

Re-capitalization of government money was to clear the balance sheet which had been messed up by individuals then politically connected and the government could not claim if it withdrew its 22% shareholding, the NBK shall collapse.

The bank is now very strong and NSSF is prepared for its acquisition just like other workers’ Funds globally have their own banks including our neighboring Sudan.

Workers and Kenyans can effectively run NBK.

Press Release by Bro. Francis Atwoli, MBS Secretary General, on Performance Contracting for Teachers15 July, 2008

The Central Organization of Trade Unions, COTU (K) has read with concern press reports appearing in today’s Issue of the Daily Nation, Tuesday, July 15^th, 2008, page 9.

We wish to remind the Higher Education Secretary Mr. George Godia and the Education Ministry team that whereas it is within the government’s and teachers’ constitutional right to freely negotiate on any terms and conditions of service, COTU (K) finds it strange that the government could blatantly and unilaterally impose such a grave decision on Kenya National Union of Teachers, KNUT members and even proceed to say that the decision is non-negotiable.

The Government should appreciate that any engagement relating to Industrial Relations matters, there is nothing that can be achieved through force just as everything is negotiable between the parties and it is on this note that COTU (K) demands that the Government should forthwith accept to engage KNUT in formal discussions over the issue of performance contracting for purposes of reaching an agreeable solution in order to avert the looming stand-off.

COTU (K), meanwhile fully supports the position since taken by the top leadership of KNUT together with its members and we are ready to support on this position to the hilt.

However, it is increasingly becoming apparent that the government is determined to force KNUT members into signing performance contracts and let the government know that should the teachers of this country be hard hit by this hard-line position, COTU (K) is prepared to call for a nationwide strike for all the Kenyan workers in solidarity with the teachers and offer our full support to KNUT.

Press Release by Bro. George Muchai, COTU K) Deputy Secretary General, on the election of Bro. Francis Atwoli the Secretary General of COTU (K) to the Highest ILO decision making body representing the African Continent, Geneva, Switzerland, 3rd June 2008

The Secretary General of the Central Organization of Trade Unions, COTU (K) Brother Francis Atwoli was yesterday unanimously elected to the highest International Labour Organisation decision making body, the Governing Body of the ILO to represent the African Continent.

This is one of the highest position within the ILO which is a United Nations Agency that is tripartite in nature bringing together governments, employers and workers.

Brother Atwoli’s election comes days after his last week’s election to the Selection Committee of this UN Agency and it is a reflection of the sound and effective leadership he has exhibited in the Labour Movement both locally and internationally and goes to the support the Kenyan Workers have given to him and COTU (K) as well as he enjoys across the continent.

In his acceptance speech to this prestigious position of the Governing Body of the ILO, Brother Atwoli promised all the tripartite partners present that he will effectively represent the African Worker’s interests on the board without bias and vowed not to let them down attributing his success to the sacrifice he has personally given to the service of workers in Kenya and across the continent that has eventually earned him a position on this global labour movement.

The conference which started on 28^th of June 2008 is scheduled to end on the 13^th June 2008.

Press Release by Bro. George Muchai, COTU K) Deputy Secretary General, on the election of Brother Francis Atwoli to the Coveted Position during the on-going International Labour Organisation Selection Committee in Geneva, Switzerland to Represent the African Continent 28th May, 2008

The Central Organization of Trade Unions, COTU (K) Secretary General Brother Francis Atwoli who is currently leading the Kenyan Workers’ Delegation to the International Labour Conference in Geneva, Switzerland was this morning elected to the coveted position of the International Labour Organisation Selection Committee to represent the African Continent.

The Selection Committee runs the International Labour Conference activities and at the same he is poised to be elected to the highest position within the ILO as a member of the Governing Body on the 2^nd June 2008.

This is indeed a great honour for the Kenya’s Labour Movement and to Africa as a whole and will go along way in further strengthening the country’s as well as the continent’s trade union movement.

The conference is an annual event that brings together all the tripartite partners, government, employers and workers and is scheduled to end on the 13^th June 2008

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Commencement of New Maternity and Paternity Leave, 27th May, 2008: 

The Central Organization of Trade Unions, COTU (K) lauds the government for the bold move it has taken towards implementing the New Labour Laws particularly the decision to have women employees entitled to a 90 – days maternity leave, a clause in the Employment Act 2007 that has remained in contention since these laws came into effect on 20^th December 2007.

The step taken by the Head of the Civil Service and Secretary to the Cabinet Amb. Francis Muthaura portends the government’s spirit on modernizing the country’s Industrial Relations practices and domesticating the relevant fundamental principals and rights of workers as stipulated in the ILO Convention No. 183 on maternity leave.

On behalf of the over one million workers represented by COTU (K) through the 36 affiliated trade unions we take this opportunity to thank Amb. Muthaura for his quick move and policy direction in the implementation of these five sets of labour laws and urge the private sector as well to follow suit and at the same time we warn the “doubting Thomas” obsessed with suffocating and frustrating the smooth implementation of these laws that the red flag has now been raised and is either they move or they will be dragged on by COTU (K).

At the same time, the clarification made by the Government Spokesman Dr. Alfred Mutua that the President Assent to the Bills paved way for their unconditional implementation is commendable and will now give the much needed green light to those individuals still lecturing COTU (K) on the unworkabilities of these laws.

Kenya remains a key member of the ILO and the country’s labour practices should be in tandem with the relevant ILO Conventions most of which have already been ratified and domesticated.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Claims that Government to Annul New Labour Laws, 24th May, 2008

The Central Organization of Trade Unions, COTU (K) has read with consternation reports appearing in today’s copy of the Saturday Nation, Business section, page 23 attributed to the Minister for Labour, Hon. John Munyes to the effect that the government will degazzette the New Labour Laws passed by the 9^th parliament.

Whereas COTU (K) has no doubt in the ability and the support the honourable minister has given to these new labour laws, claims of the government annulliny these labour laws are unfounded, regrettable, frivolous and unacceptable and should be treated as mere rhetoric from elements out to distort and frustrate the rule of law.

It should be made crystal clear that nowhere within the provisions of the law that gives any powers to any arm of the Executive nor Judiciary to amend any legislations including the Honourable Minister for Labour other than parliament.

It is a piped dream for a section of employers to claim that they are determined to ensure these new labour laws are degazzetted and let them appreciate that they have got no locus standi whatsoever as far as the amendments to these laws are concerned.

COTU (K) is determined to join in with other progressive forces including progressive Members of Parliament to make sure that all the 5-sets of the new labour laws remain en-suite.

Particularly, it is retrogressive for these individuals expressing their displeasure at the provisions for a 3-month maternity leave which COTU (K) considers an absolute inalienable right for the Kenyan women and not a priviledge as employers wish to perceive.

It is a duty of every Kenyan and more so employers to ensure that the country for purposes of posterity nurtures a robust labour force which can only be realized through tangible investment in the child’s formative years right from pregnancy.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Agreement over Cabinet Formation, 4th April, 2008: 

The Central Organization of Trade Unions, COTU (K) wishes to applaud and thank His Excellency the President Hon. Mwai Kibaki together with the Prime Minister-Designate Hon. Raila Odinga for finally accepting and ceding to the workers call in our letter dated 30th March, 2008 calling for the formation of a cabinet within seven days as well as to the various calls by Kenyans across the board.

COTU (K) is happy that the two Principles have worked at least within this time-table given by the Kenyan Workers and has gone ahead to restore and give assurance to our Investors, Business Community, Working Men and Women as well as to the Kenyans in general and we now call-off our planned press conference that was scheduled for this Sunday the 6^th April 2008.

At the same time we appeal to the two principles to ensure that the positions they have negotiated and agreed over are filled by credible and reputable Kenyans who mind about our people’s welfare so as to be able to proceed with speed and address the plight of those living in displacement camps with a view to settling them.

It would be absurd, for us as Kenyans to celebrate at this breakthrough when hundreds of workers and other Kenyans are still living in pathetic conditions in IDP Camps.

On a same note, we wish to warn those unscrupulous employers hell-bent on suffocating the plight of the Kenya workers that they will not be allowed to continue to frustrate with impunity those workers ready and willing to resume their duties and we demand that any worker that suffered the wrath of the post elections-violence through displacement from the workplace should be reinstated immediately and unconditionally, lest COTU (K) will not hesitate to announce its next course of action.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Alleged Betrayal on New Labour Laws, 26th March, 2008:

We have read with consternation reports appearing in today’s Copies of the Daily Nation page 25, People Daily page 17 and Kenya Times page 3 attributed to the Federation of Kenyan Employers, FKE accusing the Ninth Parliament for introducing new provisions to the Labour Laws.

The Central Organisation of Trade Unions – COTU (K) was part and parcel of the key stakeholders that the FKE is claiming were not consulted in introducing the alleged “new provisions” in the Labour Laws when the very issues in contention were debated and voluntarily agreed upon jointly by FKE and COTU (K) and for the Executive Director of FKE to turn around and disown these laws and go further to accuse parliament portends of hypocrisy.

Contrary to FKE allegations, the new Labour Laws are quite realistic compared to the previous archaic Labour Laws and interestingly, the FKE would have been happy to stay put with this previous Labour Laws irrespective of the International Labour Organization’s, ILO Convention No. 183 on the Protection of Maternity Leave which stipulates clearly that such a woman would be entitled to a period not less than 14 weeks which is even higher than what these Laws demand of three months.

Sister Jacqueline Mugo as an experience Industrial Relations Practitioner should stand tall and walk the talk by competently advising employers appropriately and correctly instead of issuing contradictory, misleading, amorphous and alien statements which only work in discrediting the competency of the country’s Social Partners comprising of Ministry of Labour, FKE and COTU (K).

It is the key responsibility of parliament as the legislative arm of government to enact laws in conformity with the prevailing conditions at the time of legislation and FKE and COTU (K) were part of the task force that held extensive consultations on these laws and we should both be grateful to the ninth parliament for its bold move to pass these laws and His Excellency the President Mwai Kibaki for Assenting to the subsequent Bills other than turning around to point accusing fingers to the ninth house whose only crime was only to fulfill it legislative role.

This is unethical and portends of insincerity on the part of FKE and should forthwith stop crying foul.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Creation of Extra Cabinet Positions, 23rd March, 2008: 

The Central Organisation of Trade Unions – COTU (K) the umbrella workers body in the country, wishes to express its great disappointment with a section of the political class calling for the creation of extra ministries purposely to accommodate them in the anticipated formation of the grand coalition government. 

It is sheer selfishness and utter wickedness for the Kenyan tax-payers who are already overburdened with paying tax to the government to be added yet another extra burden only to enable a section of the political class to ride and stay lavishly when a populous of the Kenyan population continue to live in abject poverty not sure whether they will afford a meal or not.

COTU (K) now appeals to the two principals who doubles as the appointing authority to seriously bear in mind the implications of a bloated government and have a maximum of 34 ministries each headed by a single Cabinet Minister and ignore these selfish calls by a section of their supporters who portend to love this country.

It is the workers, themselves taxed at source ad the rest of tax-payers in this country who bear the brunt of a heavy government expenditure and bearing in mind that already the country is set to have an expanded government the first ever in our independence, any move to create extra ministries to satisfy the egos of certain individuals who have no interest of this country and its people at heart remains retrogressive and aimed at returning Kenyans to the dark old ages of cronyism and COTU (K) will not sit back and watch this trend go unnoticed.

We strongly feel that these are the very wishes of the majority of Kenyans whose interests is to see Kenya grow into a better country and are toiling day and night to provide the much needed tax for the government to discharge its duties and it would be unfortunate for the very government not to reciprocate.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on the Proposed Bills on Power Sharing, 10th March, 2008:

It is the wish of the Central Organisation of Trade Unions, COTU (K), the Kenyan workers and the public at large that the recently Published Constitutional of Kenya Amendment Bill 2008 by Justice Minister together with the National Accord and the Reconciliation Bill 2008 Published by the Attorney General should take  a minimum period to effect after presentation to Parliament tomorrow with our members of Parliament expected to support the two Bills particularly the National Accord and Reconciliation Bill 2008 in total without digressing nor importing any alien self-centered opinions to these Bills.

We remind Parliament that any move to the contrary will be suicidal as Kenyans wish to continue enjoying the current peaceful state of the country bearing in mind that workers, women and children were the most affected and the worst-hit members of the society during the skirmishes that rocked the country following the disputed Presidential Elections and the trio would not wish to attest to the same again.

It was a sad moment in our history as a shopsteward together with members of his family who were victims of the violence were killed while talking to me on the Cellphone and will hate any repeat of the same hence the National Accord and Reconciliation Bill 2008 on the power- sharing agreement remains key to our country in preventing any future re-occurrence of the same and our members of parliament should reflect deeply on what this country has gone through and avoid any deviation from supporting this accord.

The Kenyan workers will be fully represented during this sessions in Parliament at the Public Gallery and as the umbrella workers body in the country, COTU (K) will send a strong team to take note quietly on these proceedings for purposes of identifying those members of parliament out to suffocate and stifle the much needed progress by Kenyans.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Political Party Nominations, 13th February, 2008: 

The trade-offs that has characterized both the Parliamentary and Civic nominations by political parties is regrettable and while echoing sentiments by the League of Kenya Woman Voters Chairperson Ida Odinga, time has come when Kenyans should demand that clear rules be set out to govern this process.

The initial purpose of parliamentary nomination seats has been gripped by corrupt and despondent party leaders thriving within an equally corrupt electoral system in the country that now translates into the reason why individuals are jostling to secure nominations for their cronies, friends and girlfriends instead of such nominations going to institutions and special interest groups that are non-partisan like the disabled, professionals, youths, women organizations as well as workers’ organization.

The fiasco clearly indicates how Kenya as a nation is rotten and to the words of Ms. Ida Odinga, we are unable to tell to whose responsibility within party hierarchy the nominations rest.

The Central Organization of Trade Unions, COTU (K) for instance considers absurd that Prof. Julia Ojiambo, who was a running mate to ODM-Kenya’s Presidential Candidate Kalonzo Musyoka, himself a confessed born-again Christian, could be left wandering within court corridors fighting for her survival and being subjected to such agonizing moments; it is true that should the party have won in the December elections, Prof. Ojiambo could still have been conned, tossed right and left and eventually dumped.

It is sad that these leaders have now succeeded in their “noble” duties of turning political parties into lottery booths where nomination seats are hawked and with party ownership becoming a lucrative industry, this country’s democratic ideals have since eloped.

As an alternative centre for national guidance, and standing on a neutral ground that does not call upon it to saddle with any individual from any political persuasions, COTU (K) demands that the country’s political leadership owns up and stop taking Kenyans for a ride.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Payment of Risk Allowance to Police Officers, 12th February, 2008: 

The decision to pay Police Officers risk allowances by the government owing to the nature of the job they undertake was long overdue as the Police Force has time and again been subjects of some of the most dehumanizing working conditions.

The Central Organisation of Trade Unions, COTU (K) has time and again taken a lead in fighting for the welfare of the Police Force particularly those involved in the risky jobs like tracking down hard-core criminals armed with confiscated weapons as well as car jackers and the force has therefore all it deserves to be on a permanent monthly risk allowance as well as considered for reasonable compensation in case of their loss of lives as the case has been in pursuit of protection of innocent lives of Kenyans.

Further, those involved in undertaking patrols during night hours in dangerous areas prone to thuggery particularly within the slums, should enjoy every effort by the government to see that they are motivated to pursue these dangerous duties that calls for dedication and commitment as they involve saving lives.

And as we support this proposal we at the same time hope and trust that the newly proposed Trade Union for the Police Force will soon be registered by the government so that our Police Officers can have a document that spells out their terms and conditions of service in form of a Collective Bargaining Agreement.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Kenya's Survival at Stake, 8th February, 2008: 

In the wake of massive job losses coupled with regrettable loss of innocent lives particularly among the workers, a special Central Organisation of Trade Unions, COTU (Kenya) Governing Council will be convened on the 15^th and 16^th March 2008 with a view that if the current political madness does not stop forthwith, the Kenyan workers will take this opportunity as the worst hit segment of our society to explore and debate on a possible creation of a departure from the existing arrangement of governance.

While this meeting is crucial as the council is the supreme body within the hierarchy of COTU (K), we hope and trust that the Koffi Annan led mediation team will be able to salvage our country as all Kenyans together with the International community are waiting with abated breath for the team’s outcome.

COTU (K) urges all parties to comply and listen carefully to what the former UN Secretary General has to say and those whose positions have been hardened must realize that Kenya is not theirs as it belongs to all and sundry and they must not hold Kenyans hostage as if they are indispensable.

It is COTU (K) view and as l have warned time and again, the victims of these violence has been children, women and workers and let our politicians be careful with their utterances and instead foster peace, understanding and learn to accommodate each other, come together and work in unity.

Our economy is in tatters, with all the gains made over the year having been eroded with over 500,000 jobs lost as many Kenyans now remain jobless and in view of the consequences of a jobless society, what is happening should not just be wished away.

Press Statement by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Spate of Violence Across the Country, 29th January, 2008:

The Central Organization of Trade Unions (Kenya) is deeply concerned with the continuing loss of innocent lives across the country occasioned by the aftermath of our December, 2007 disputed elections.

It is absurd that despite our earlier warning to both the Electoral Commission of Kenya, ECK and the government that any move to conduct an election that would not be acceptable to Kenyans could plunge this country into chaos, the ECK proceeded to announce the disputed Presidential results without considering the consequences that have now left the country to be a killing field.

COTU (K) now demands that the government should proceed and allow for the deployment of more army officers to supplement the work of regular Police, General Service Unit and Administrative Police Officers who are now overstretched and overwhelmed by the escalating violence.

As earlier noted the victims of these violence have been children, women and workers where statistics now show that already as at yesterday, 200 workers had lost their lives with hundreds of them displaced from their workplaces.

However, our worry is on the behavior of Police Officers. How can they load people into lorries and leave behind gangs that should be arrested and locked up in jail?

It is outrageous that militia groups wielding machetes, pangas and arrows in full view of the public could be allowed to freely interact with our security agents and we demand that the Attorney-General tells Kenyans if there is any law that prohibits the carrying of such crude weapons in public since unless this issues is urgently contained, Kenya could soon land in similar situations of Somalia, Rwanda and other war-ravaged countries.

I have been in the African Union (AU) committee that went to Rwanda, Somalia, Darfur, Sierra Leone and DRC Congo. In all these areas, there was evidence that it all started with the scenario we have in Kenya.

Let our MPs also in Rift Valley and other areas hit by violence talk to their constituents and calm their anger.

It is unfortunate, painful and striking that I could hear my Union Branch Official's last breath as he spoke to me on phone while being killed! Why should these militant youths be allowed to kill workers and the Kenyan people at will?

Press Statement by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Uncertainty facing the country, 16th January, 2008:

The prevailing absurdity and uncertainty currently facing this country could as well be considered the worst ever witnessed in Kenya’s history and while embracing the efforts being engaged by foreign mediation, our very own engagement as Kenyan should not be wished away.

It is despicable that this country is quickly degenerating into anarchy mired in violence and unless deliberate efforts are made to restore order Kenya, history will judge us harshly for presiding over the collapse of a country that has over the years been an envy of the whole world.

It is against this background that the COTU (K) Executive Board together with all the General Secretaries of COTU (K) affiliate trade unions, taking cognizance of the fact that the fallacy and obsession by the players to identify who is right and who is wrong is not what Kenyans want and aware that it is more important to prescribe a solution to the impasse, held meeting respectively on Tuesday, 15^th January 2008 solely to seek the way forward of Kenya as a whole.

After key deliberations that centred on various occurrences immediately after the announcement of the presidential vote, and while recognizing that the two parties are now captives of their various supporters, the following forms the basis of our prescription of the way forward:

1.         The COTU (K) Executive Board together with all the General Secretaries of its affiliates unanimously resolved to maintain that COTU (K) shall remain neutral in the political arena as it has been the official position before and after elections.

2.         That as a matter of urgency, COTU (K) Secretariat should seek on behalf of the Executive Board and all the General Secretaries of affiliate trade unions appointments to meet His Excellency the President Hon. Mwai Kibaki followed immediately thereafter by a meeting with Hon. Raila Odinga.

3.         That the main purpose of these appointments is for COTU (K) Executive Board to meet the two leaders. With a view to putting across, workers’ concerns over the prevailing political impasse in the country.

4.         The meetings should centre on reconciliation in order to stop the on-going loss of lives particularly for workers, innocent women, children, loss of jobs as well as destruction of property.

5.         If the appointment with the Head of State His Excellency the President is secured, COTU (K) Executive Board should voice its concern over a senior civil servant who is the Government spokesman Dr. Alfred Mutua over the poor utterances he makes touching on sensitive political issues.

6.         In order to prevent the re-occurrence of the scenario that unfolded after the announcement by the ECK of the Presidential results, immediate constitutional reforms be undertaken to address the obvious shortcomings in our electoral process and the institutions that inform it.

7.         A separate committee of COTU (K) should be immediately formed in order to deal and collaborate with other external organizations for purposes of promoting democracy, peace and governance under separate entity or name.

For and on behalf of the COTU (K) Executive Board and all the General Secretaries of COTU (K) Affilliates.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on COTU (K) and Affiliates to meet, 7th January, 2008:

In view of the current political stalemate in the country occasioned by an aftermath of a general election that has remained in dispute, I have on behalf of the Central Organisation of Trade Unions Secretariat convened an urgent Executive Board meeting and a General Secretaries’ meeting for over 36 COTU (K) Affiliate Trade Unions in the country to take place on the Tuesday 15^th January 2008 at COTU (K) Headquarters starting from 9.00 a.m and 2.00 p.m respectively.

These are two important organs of COTU (K) and they will be able to debate exhaustively on the current election stalemate in the country and take a strong Trade Union position for the way forward on the emerging political and social instability in the country which has immensely affected workers who have since been displaced as others fail to report to their work places.

So far COTU (K)’s data reveal that most of the dead as well as those affected form majority from workers as it is with women and children as I did earlier indicate on the 24^th December 2007 during which I had cautioned all parties against unfairly influencing the outcome of the General Election.

It is therefore prudent for COTU (K) as the umbrella workers body in the country and its affiliates to take lead and guide the nation as it is one of our prime and cardinal responsibilities as enshrined in our new COTU (K) policies which clearly stipulates that COTU (K) will discharge its duties as an alternative centre for national guidance and therefore the 15^th January 2008 meeting is a very crucial one for all the Kenyan workers and citizenry at large.

Consequently after these meetings COTU (K) as an alternative national centre for national guidance will come up with a clear and definite stand defending it to the hilt and proceeding on to give the way forward for this country as a whole.

Press Statement by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on the spate of violence being witnessed across the country, 2nd January, 2008:

The Central Organization of Trade Unions, COTU (K) is appalled by the on going wanton killings being meted against innocent lives particularly the children, women and workers.

On Monday 24^th December 2007 we had forewarned and cautioned both the Electoral Commission of Kenya and the Government to conduct a free and fair elections with acceptable results and repeated the same on the morning of Sunday 30^th December 2007 in which we noted that any move to the contrary would trigger chaos similar to the ones we are now witnessing. We expected the ECK to heed our advise.

Kenya has been a model of democracy brokering peace across the African Continent as a whole and now it is a big shame that despite these gifts Kenyans have, we can afford to sit back and watch as the country we have built over the decades go down in flames leaving behind a chain of deaths of innocent Kenyans and destruction of property.

This country is known for peace and tolerance among other African Countries and we take this opportunity to appeal to the leadership across the political divide to seriously consider and sit down around the table and discuss issues beyond E.C.K and its Chairman Samuel Kivuitu.

COTU (K) is distressed particularly with the latest admission by the Electoral Commission of Kenya Chairman Mr. Samuel Kivuitu that, despite the gravity of the announcement against calls from a section of the leaders urging him not to, he succumbed to pressure from the Party of National Unity, PNU and Orange Democratic Movement – Kenya, ODM-K and went ahead to declare the winner in total disregard of our earlier statement of doing so after wider consultation with all concerned parties.

Samuel Kivuitu and ECK should be blamed and not communities or those innocent Kenyans who exercised their democratic rights as required by our constitution.

The heineous acts being meted against innocent Kenyans must stop. What crime has a child, as innocent as it is, dead asleep in a holy church committed to warrant being burnt to death as it clings tightly to its mother’s breast?  We cannot continue to witness mothers together with other women being raped before their own children in broad daylight! It is satanic, barbaric and not in our ethics! It is equally beastly and our politicians must come out boldly and talk to the people and themselves.

As COTU (K) did mention earlier the victims of this politically instigated violence are children, women and workers who are now totally unable to report to their various places of work thereby, frustrating as well as suffocating the immense achievements that this country has made in all our socio-economical and political spheres.

Many workers in Kericho, Kisumu, Kakamega, Bungoma, Eldoret, Nakuru, Nairobi, Mombasa, Kapsabet, Kitale, Kisii, Migori, Nandi Hills and other affected areas throughout the Republic are unable to sleep in their houses as some of their houses have been burnt and have no places where they can de-camp.

COTU (K) now calls upon President Kibaki himself to move with speed and initiate dialogue with his counterparts in the Orange Democratic Movement, ODM for purposes of saving hundreds of lives of innocent Kenyans that are now on line.

We further thank the good work the Police have so far displayed but we warn them not to directly use live bullets on their Brothers and Sisters over an issue that can be politically sorted out, we strongly believe that this is a political issue.

Let both the political divides realize the holy importance attached to human life and swallow their pride, and accept to dialogue and bring to an end these senseless killings. The hearts of Kenyans are bleeding and it is only President Kibaki who holds the key to this national catastrophy that has fallen our country, because of sheer glaring omissions that can be seriously addressed by peace loving Kenyan.

Press Statement by Bro. Francis Atwoli, MBS, COTU K) Secretary General, COTU (K)'s POLITICAL STAND, 18th September, 2007

The Central Organisation of Trade Unions, COTU (K) as a workers organization was part and parcel of the change process in the year 2002 which saw the incumbent government then under the NARC Coalition ushered in.

As we thank and congratulate this current government for its:-

(1) Closeness to workers 

(2) Recognizing the role of trade unions.

(3) Remembering, Decorating, recommending and giving awards to various

     veteran trade unionists.

(4) Supporting workers education activities.

(5) Involving workers in all important national forums.

(6) Appointment of workers to various Government and Public Institutions

     Boards.

(7) Realization of Economic growth in a span of 4 years.

In the same breadth, we also thank all Members of Parliament across the political divide for:-

(1) Having supported workers’ related Bills in Parliament

(2) Asking questions that concern workers

(3) Keeping checks and balances to every position in our Parliament

(4) The political maturity they have exhibited both in the house and outside the

     house.

(5) The recognition and promotion of democracy.

(6)  The political peaceful atmosphere Kenyans have witnessed particularly

      from the main political parties namely:

(i)  ODM Kenya

(ii) ODM and now

(iii) PNU

We hope and trust that the same will continue up to the elections and thereafter. 

COTU (K) Executive Board met today and a decision was made that for now and until otherwise if need be at our Governing Council meeting in the future, our position remains:

(1) Non-partisan.

(2) To be free and independent.

(3) Act as an alternative to national guidance to every Kenyan without bias or

      interest.

(4) To recognize that any political party whether in government or outside is a

      government in waiting.

On these premises, any COTU (K) official, member of the Executive Board, our affiliates and their members on their individual purposes, they are free to exercise their democratic rights without coercion or directive from COTU (K).

At the same time, the Executive Board has directed me for now with immediate effect to suspend the holding of any harambees I have been participating in and helping friends and MPs across the political divide until after the elections.

However, after we study and carefully peruse through the respective manifestos of the various political parties, we might quietly advise our members to support the party that has an agenda and programme for Kenyan Workers.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, COTU (K) Executive Board and Affiliates to meet, 7th January, 2008:

In view of the current political stalemate in the country occasioned by an aftermath of a general election that has remained in dispute, I have on behalf of the Central Organisation of Trade Unions Secretariat convened an urgent Executive Board meeting and a General Secretaries’ meeting for over 36 COTU (K) Affiliate Trade Unions in the country to take place on the Tuesday 15^th January 2008 at COTU (K) Headquarters starting from 9.00 a.m and 2.00 p.m respectively.

These are two important organs of COTU (K) and they will be able to debate exhaustively on the current election stalemate in the country and take a strong Trade Union position for the way forward on the emerging political and social instability in the country which has immensely affected workers who have since been displaced as others fail to report to their work places.

So far COTU (K)’s data reveal that most of the dead as well as those affected form majority from workers as it is with women and children as I did earlier indicate on the 24^th December 2007 during which I had cautioned all parties against unfairly influencing the outcome of the General Election.

It is therefore prudent for COTU (K) as the umbrella workers body in the country and its affiliates to take lead and guide the nation as it is one of our prime and cardinal responsibilities as enshrined in our new COTU (K) policies which clearly stipulates that COTU (K) will discharge its duties as an alternative centre for national guidance and therefore the 15^th January 2008 meeting is a very crucial one for all the Kenyan workers and citizenry at large.

Consequently after these meetings COTU (K) as an alternative national centre for national guidance will come up with a clear and definite stand defending it to the hilt and proceeding on to give the way forward for this country as a whole.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Indiscriminate send off of Workers by UNILEVER Tea Kenya Limited, 6th January, 2008:

The Central Organisation of Trade Unions, COTU (K) views with great exception the indiscriminate and continued send-off of workers by the Unilever Tea Kenya Limited under the pretext that the security situation in Kericho is wanting and beyond control.

It is regrettable, unfortunate that a company of repute as Unilever Tea Kenya Limited could fall prey to such crooked machinations while taking advantage of the spate of violence in the country to accomplish its rather evil mission against its employees that have worked tirelessly to earn it such a reputation.

We have been assured by the Director of Operations at the Police Headquarters whom together with the Commissioner Maj. Gen. (Rtd) Hussein Ali have done a commendable job to bring the situation under control in Kericho particularly in regard to workers and for Unilever Tea Kenya Ltd to continue sending away its workers on security grounds is utter wickedness and we are now issuing the management with a stern warning to with immediate effect stop hiding under the pretext of insecurity to justify their brutal unfair labour practices.

COTU (K) is already aware that the Unilever Tea Kenya Limited is planning to retrench its workers and introduce Tea Plucking Machines through the back-door to which we promise them to ready themselves for a fierce battle.

COTU (K) and the Kenya Plantation and Agricultural Workers Union, KPAWU, its affiliate trade union will not sit on its laurels and watch unfair Labour practices flourish in the country as applied and perpetuated by Unilever Tea Kenya Limited and we therefore ask the Federation of Kenya Employers, FKE together with Ag. Labour Commissioner Mr. Isaiah Kirigua to immediately move in and stop this uncouth behaviour by Unilever Tea Kenya Limited.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on COTU (K) against the Appointment of Foreign Chief Executive Officer at Telkom Kenya, 22nd December, 2007:

The Central Organisation of Trade Unions, COTU (K) is perturbed by an article appearing in the local print media regarding the new look Telkom Management.

COTU (K) appeals to the Minister of Finance and his able Permanent Secretary not to allow the government to be black mailed by investors to hire foreign Chief Executives for Kenyan Companies.

Hiring of Chief Executives that do not understand labour relations of this country and who can not interpret recognition agreements is a threat to industrial peace in this country and may seriously affect company performance.

A case in mind is what occurred at the Kenya Power and Lighting Company, KPLC, where the Chief Executive of foreign origin was hired and due to his inability to interpret the recognition agreement between the Kenyan Electrical Trades and Allied Workers Union and the Kenya Power and Lighting management made decision that caused industrial unrest in KPLC that seriously affected the industrial peace and productivity.

As much as we accept that investors come in with resources to invest they should be told to respect and appoint Kenyans as CEOs.

It is a shame that after forty four years of independent major companies like Telkom should still be run by whites who were our former colonizers. COTU (K) will go at any length to ensure that Telkom is not run by a Chief Executive of foreign origin regardless of the amount of investment involved.

Kenya is well endowed with capable chief executives both men and women that have performed well. We have CEOs like Mr. Kidero of Mumias Sugar Company, Mr. Naikuni of Kenya Airways, Mr. Mwaruwa of Kenya Ports Authority, Mr. Oduor Otieno of Kenya Commercial Bank, Mr. Marambii of the National Bank of Kenya, Ms. Lumbayso of National Social Security Fund and the Deputy CEO at Kenya Airports Authority who have excelled and have turned their companies around.

It is regrettable that with all these able men and women the Kenya government is still being black mailed and given conditions to accept the appointment of foreign chief executives to manage Kenya Companies.

COTU (K) cautions the Minister of Finance and the Permanent Secretary in the same ministry that appointing a CEO whose experience is irrelevant to what is obtaining in Kenya at Telkom will be a disaster and will spell doom for the corporation.

We need to appoint Kenyan Chief Executives versed in Industrial Relations and who recognize trade unions and respect workers rights. They should be conversant with Labour Laws especially the Recognition Agreements and the Collective Bargaining process.

We take this opportunity therefore to appeal to Kenyans to stop buying shares of the soon to be launched Telkom until an indigenous Kenyan is made the CEO of Telkom Kenya as we have plenty of Kenyan CEOs to choose from. We at the same time call upon the Government and Telkom to reconsider their position on the appointment of Mr. Dominique Saint-Jean as CEO of Telkom as COTU (K) will do everything in its powers to stop the new consortium at Telkom to hire and retain a Chief Executive of foreign origin.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Dubious Employment Agencies Operating in the Country, 11th December, 2007:

The Central Organisation of Trade Unions, COTU (K) has read with astonishment an advertisement appearing in the Daily Nation of Monday December 10^th, 2007 on page 23 allegedly calling on “Employers to relax”.

COTU (K) wishes to take great exception to the contents carried in the said advertisement and put a word of caution to all employers who could be duped and fall prey to this misleading paid-up announcement.

Kenya’s laws including the soon to be operationalized New Labour Laws are crystal clear on one’s constitutional right to associate and enter into recognition agreement as well as the right to Collectively Bargain and nobody should be allowed to fault this law including the suspicion-ridden Staff Outsourcing Limited.

Staff Outsourcing Limited and its agents are misleading Employers and the public in general to say that they can outsource labour and exonerate employers from the country and Industrial Relations Machinery as stipulated in our Labour Laws which is built on tripartism and social dialogue. This is unlawful.

The law stipulates that while outsourcing labour, the Employment Agents and the Target employers are jointly held responsible as employers to these workers and compelled jointly to respect both the individual rights of workers and collective trade union rights.

The Industrial Relations Machinery in this country is very clear about institutions that are involved in social dialogue. Employer and Trade Union Organization are the bonafide institutions involved in Industrial Relations in this country. They cannot be wished away by such evidently unscrupulous Individuals as Staff Outsourcing Ltd could wish to.

Further, the International Labour Organization, ILO Constitution states that Labour is not a commodity to be traded on the market as it comprises of human beings that have rights to be respected and right to decent standard of living as opposed to the impression created by the Staff Outsourcing Ltd which claims to “own” the staff. Labour cannot be hawked as these suspicious characters are trying to portray.

It is regrettable, frivolous and unacceptable that this country could allow itself to fall prey to such exploitative and dubious agents who purport to cushion employers against their perceived enemies when in true sense these are individuals financially stranded and on the loose to exploit both the workers and employers of this country.

Any employer, whether knowingly or unknowingly who finds himself trapped in this conmanship and criminal activities as perpetrated by Staff Outsourcing Limited risks severe Industrial Action by the trade union movement of this country led by COTU (K) and at no one time shall we allow such clandestine tactics as evidenced by Staff Outsourcing Limited to disrupt the Industrial peace this country has enjoyed over the years.

COTU (K) as the umbrella workers body in the country will continue fighting for the rights of workers and improvement of the standards of living and we are putting such firms as Staff Outsourcing Limited and their accomplices on notice that any attempts to undermine the noble cause of COTU (K) and create confusion and despondency among employers and Kenyans in general will be met with equal force.

We further remind these individuals of the International Labour Organisation’s recommendation that prohibits ambiguous employment and wish to warn that the activities being pursued by Staff Outsourcing Limited will have serious implications to this country as a whole particularly in the view that Kenya is a key member of the ILO.

This move by the government should be undertaken immediately before the country’s employers fall victims and loose out on their monies. Let us not allow such suspicious firms to piggy-ride on scarcity of employment opportunities to siphon money out of unsuspecting Kenyans.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on The Road Carnage, 10th December, 2007:

The Central Organisation of Trade Unions, COTU (K) as the umbrella workers’ body in the country is saddened by the unfortunate and unprecedented loss of innocent lives on our roads particularly in the wake of the December festive season.

While appreciating the lucrative nature of the Matatu Industry to which the Hon. Minister of Transport Ali Chirau Mwakwere did attest, COTU (K) now calls upon the Hon. Mwakwere to immediately get out of his lucrative slumber and take charge and save hundreds of innocent lives being lost everyday on our roads.

It is ridiculous for Kenyans to blame the law enforcement agents, the police of doing little to curb this road carnage when the Minister himself remains quiet and disinterested at a time the whole country is virtually witnessing pools of blood on our roads.

The dissolution of parliament did not mean that the relevant Ministers ceased to discharge their duties. The police need a political goodwill to reign in these traffic offenders and Hon. Mwakwere should borrow heavily from his predecessor Hon. John Michuki and behave commensurate to his title as a Hon. Minister for Transport other than stage side-shows on our electronic media lecturing Kenyans on the number of matatus he owns!

At the same time COTU (K) calls upon the government to immediately intervene and arrest the escalating prices of petroleum products as this is likely to impact negatively on several commuters who wish to travel to their various destinations to cast their votes in the coming general elections.

The workers have particularly been hurt and deterred by these unfair increases in the fares and unless the government seeks to correct this anomaly, this is likely to have negative effects on our economy.

Press Release by Bro. Francis Atwoli, MBS COTU K)  Secretary General, on Strengthening of the Kenya Shilling against the Dollar, 28th November, 2007:

The Central Organisation of Trade Unions, COTU (K) is concerned with the persistent calls by some Industry players including manufacturers and exporters on the Central Bank of Kenya to Intervene and arrest the continued slide of the dollar against the Kenya shilling.

COTU (K) wishes to remind these players that it is only imperative that as the economy of any country builds up it subsequently corresponds with the appreciation of its local currency.

The business community including manufacturers should forthwith stop blackmailing the Central Bank of Kenya and the government over the appreciation of the Kenya shilling and they should be able to appreciate the fact that Kenya practices a Free Market Economy.

Due to the enhanced performance of our economy and the prospects that this is expected to even become better, it is COTU (K)’s wish that the CBK emulates the Ghana example where the country’s currency, the Cedes is today equivalent to a dollar compared previously to the same exchanging at 9000 Cedes.

We anticipate that not in the near distant future, this country is bound to witness a robust economy where we will be bound to do away with the Kshs 1000 which should be equivalent to Kshs 100 note; do away with 500 that should be equivalent to Kshs 50 note as Kshs 200 notes equals to Kshs 20 and Kshs 100 goes for Kshs 10 downward and the Kenyan economy is able to absorb this quite satisfactorily as a dollar comes down to be exchanged at Kshs 6.20.

COTU (K)’s Economic and Research department while carrying out research on the prospects of the further strengthening of the economy and the corresponding currency to face other hard currencies from the  developed world, reveals that as the exchange rates continue to be controlled by the fundamental market forces that are demand and supply, this will ease pressure on the country’s debt repayment and on importers.

As the dollars inflow and sale of shares compounded by a strong economy contributes towards the strengthening of the shilling and considering that Kenya is a Net-Importer with huge debts to service, strong shilling will always  work in favour of our economy.

It is our contention that both the Finance Minister Amos Kimunya and his able Permanent Secretary Joseph Kinyua together with CBK Governor Prof Njuguna Ndung’u will look into COTU (K)’s proposed changes on our currencies which are geared to correspond with our well performing Kenya’s Economy and give it the seriousness it deserves.

Press Release by Bro. Francis Atwoli, MBS COTU K)  Secretary General, on Employers' Threat over the New Labour Laws, 23rd November 2007:

The Central Organisation of Trade Unions, COTU (K) has read with consternation the continued persistence and resistance by the Umbrella Employers Body in the country, the Federation of Kenya Employers, FKE against the implementation and subsequent adoption of the New Set of Labour Laws.

The FKE are increasingly becoming day-dreamers. We jointly as FKE and COTU (K) from the initial stages fought together for the amendments and replacement of the previous archaic colonial labour laws.

We led a delegation to the International Labour Organisation with FKE being represented by its then Executive Director Brother Tom Owuor and COTU (K) represented by myself to seek for funds and the necessary support of the ILO to this cause and the government of Kenya through the Ministry of Labour and Human Resource Development supported us.

Consequently, when the ILO responded to our request and channeled the funds through the Kenya Government which then appointed a tripartite Taskforce in the year 2001 comprising of the Government represented by the Ministry of Labour, the FKE and COTU (K).

This Taskforce completed its work and handed over to the Attorney-General in April 2004 the full document and since then, COTU (K) and FKE have remained on the Kenya Governments’ toes calling on it to present the work of the Taskforce to Parliament in form of Bills.

During this period, the FKE had three competent and well versed Lawyers on the Taskforce while COTU (K) had only one Lawyer with an expert from South Africa seconded to the Task Force by the ILO and we thank the Kenya Government together with His Excellency Hon. Mwai Kibaki for his own personal interest in the New Labour Laws.

We held various tripartite workshops which looked into the final text now in form of the Five Sets of Bills and as we continued to work closely, both COTU (K) and FKE agreed that the document was beautiful and fantastic and could as well proceed to be tabled before Parliament and even gave a go-ahead to the Labour Minister Dr. Newton Kulundu to present to the August House.

These Bills were debated, amendments made and even Parliament through the office of the Clerk organized several tripartite workshops for the Government, FKE and COTU (K) to trash out any-could-be issues of contention and after all these, His Excellency the President finally assented to these Bills just before the dissolution of Parliament last month.

It is unbelievable therefore and very confusing for the FKE Chairman our good Brother Karanja wa Kabage a Lawyer himself to turn around now and turn a blind eye on his own work and propose amendments in the Laws that he himself made before even their implementation and practice application.

The FKE is in total disarray and it must put its house in order before it talks of amendments in the laws that are very new and not yet applied.

Let them be assured of total resistance and fight by COTU (K). COTU (K) will resist any attempt by FKE to mislead Kenyan Employers that it has the capacity to fight and convince Parliament to amend the Laws whose Minister is yet to announce the commencement date and as the workers umbrella body, we are prepared and set to fight to the last worker to ensure these laws remain en-suite.

Press Statement by Bro. Francis Atwoli, MBS COTU K)  Secretary General, on the New Labour Laws 2nd September, 2007:

The road to the enactment of new Labour Laws in the country to replace of the current archaic Labour Laws has been a bumpy one.

However, the five new Labor Bills, The Labour Institutions Bill 2006, the Employment Bill 2006, the Labour Relations Bill 2006, the Occupational Safety and Health Act and the Work Injury Benefits Bill 2006 are now before Parliament and have already gone through the necessary initial stages now set for the crucial final stages in the house.

The Kenyan workers under the umbrella of the Central Organisation of Trade Unions, COTU (K) now take this opportunity to appeal to our members of Parliament across the political divide to move with speed and give their much needed support to these Bills.

Particularly the Labour Institutions Bill 2007, coming up for the third reading on this Tuesday 4^th September, 2007. We would be grateful to see our Members of Parliament come out strongly in support of Labour and Human Resource Development Minister Hon. Dr. Newton Kulundu as he moves the Bill.

As workers we attach great importance to this Bill in the sense that it contains a key institution that will shield and offer justice to the aggrieved workers, which is the Industrial Court.

Otherwise it will be one of the biggest disservice to the Kenyan Workers should these Bills not be finalized by the 9^th Parliament and we are confident that before His Excellency the President prorogues the house, these new Labour Laws will be in place.

Press Release by Bro. Francis Atwoli, MBS COTU K)  Secretary General, on The President Assenting to the Laour Bills, 22nd October, 2007:

The Central Organization of Trade Unions, COTU (K) on behalf of the Kenyan Workers takes this early opportunity to sincerely thank His Excellency The President Mwai Kibaki for his decision to assent to the five Labour Bills that workers have been yearning for over the years.

It is one of the rare moments that the Kenyan Workers will be obliged to be happy and as we look forward to the subsequent domestication of these New Labour Laws to replace the current archaic “Colonial Minded” laws that have been in existence since independence, we have no doubt in our minds that the Kenyan Workers will finally have a voice. 

The road to the enactment of these laws has been bumpy one dating back to over five years and today’s Presidential Assent to these five Bills namely; The Work Injury Benefits Bill that now replaces the Workman’s Compensation Act, The Labour Relations Bill to replace the Current Trade Union Acts and Trade Dispute Act, The Employment Bill, The Labour Institution Bill and the Occupational Safety and Healthy Bill remains laudable.

We strongly believe that the New Labour Laws will bring sanity in these very important sector of our economy and further bring an end to cases where assemblies convened to resolve Labour Disputes eventually turned into lottery booths where justice for workers was hawked. 

It is true that the eventual fine enshrine in these new Laws will be meant for deterrence and not punitive as these has always tempted victims of injustices against workers to bribe their way to freedom.

We are no longer going to mourn as our conditions and terms of work will be stumbled upon but will rather strive to realize sustained industrial peace both at our workplace and across the country as a whole.

Press Release by Bro. Francis Atwoli, MBS COTU K)  Secretary General, on the Attack on a District Magistrate in Molo Town 28th August, 2007:

The Central Organization of Trade Unions, COTU (K) has learnt with regrets the unprecedented attack on a District Magistrate in Molo Town by a man he formerly sentenced to jail.

Such regrettable, unprecedented, frivolous and unacceptable incident against a government judicial officer charged with the responsibility of dispensing justice should be a clear wake-up call to the government on the security of its judicial officers.

COTU (K) in early 1990’s vehemently opposed and protested against the decision by the government to dispose off its houses in areas as Kileleshwa, Milimani, Eastlands including such town as Kakamega, Mombasa and others demanding that such housing units should instead be used to house government officers undertaking sensitive public duties.

As the umbrella body of workers in the country, our fear has always been  that failure by the government to house such officers dispensing justice and guarding them around the clock and instead allowing them to stay amongst other members of the public who could as well include known criminals leaves such officers vulnerable to any attack and the Molo incident attests to this fear.

The budgeoning allegations of a conspiracy on the judicial official by the assailant could as well be considered to be such invariable forms of intimidation and harassment of the officer which is a clear flagrant violation and abuse of the spirit and letter of the law.

We petition the government to offer official housing to such officers and not to yield to external wild conditionalities since Africa as a continent, we have our own unique problems as opposed to the rest of the developed world.

Message of Condolence by Bro. Francis Atwoli, MBS COTU K) Secretary General, on the death of the Late Ramogi Achieng' Oneko 10th June, 2007:

On my own behalf as Secretary General of the Central Organisation of Trade Unions, COTU (K) and on behalf of COTU (K)’s delegation in Geneva at the on-going International Labour Conference, we learnt of the death of the remaining Freedom struggle, political historian and Kenya’s only surviving “Kapenguria Six” heroe Ramogi Achieng’ Oneko’s death with deep surprise and take this early opportunity to send our condolences to his immediate family members and friends.

As our first Minister for Information and Broadcasting and most respected Kenya’s elder statesman, workers will remember Achieng’ Oneko as it is in the rest of Africa, Asia and Latin America where workers dedicated themselves to the fight for freedom and independence in these three continents.

In Kenya, when Achieng’ Oneko and the rest were in detention, their detention inspired Kenyan workers who remained outside fighting for Kenya’s freedom through the trade unions spear-headed by some of the most brilliant trade unionists and sons of Kenya like Makhan Singh, Aggrey Minya, Clement Lubembe, Tom Mboya, Maina Macharia, Chege Kibachia together with others who relentlessly put on a spirited fight and continued carrying the burner that was spear-headed by strong nationalists and freedom fighters like Harry Thuku and Madam Nyambura.

We will continue to remember the heavy contribution of the Late Honourable Ramogi Achieng’ Oneko, founding father of the nation President Jomo Kenyatta, Paul Ngei, Kungu Karumba, Bildad Kagia, Kariuki Chotara, Jaramogi Oginga Odinga as well as those who used to visit them at Kapenguria in detention like former President Daniel Arap Moi, Henry Cheboiywo and Sister Margaret Kenyatta.

We will feel the absence of our independent heroes after this unfortunate demise of Honourable Ramogi Achieng’ Oneko but let his death serve as a unifying symbol and create peace, political stability and tranquility in our forth-coming general elections.

Let the Mungiki Sect Members put down their guns and create peace in response and honour of the departed hero.

Let the death of our hero stop any threat of both political, ethnic or tribal bloodshed for the benefit of our nation and for the future of this nation.

May God rest his soul in eternal peace. Amen.

Press Release by Bro. Francis Atwoli, MBS COTU K)  Secretary General, on the Commissioning of the Late Victoria Basin Commission 9th June, 2007:

While applauding the move by the East African Member States in the launching of the Lake Victoria Basin Commission, The Central Organisation of Trade Unions, COTU (K) now calls upon the expanded member states to immediately seek an end to the now chronic water hyacinth that has balkanized the lake over the years.

The once beautiful lake is now under the threat of extinction together with its flora and fauna and as a priority, the commission being launched in Kisumu on Monday 11^th June 2007 by the five Heads of State should embark on an immediate exercise as a priority to rid the lake of the hyacinth with all the countries taking a lead to ensure concerted efforts are realized.

As a key symbol of the wider East African Region, the Lake through the new commission could translate into peace, unite the member states as well as remain our heritage for now and in posterity and through this commission, governments in the region should seriously explore all avenues towards combating the hyacinth.

At the same time and besides the core mandate of the commission, COTU (K) demands that the commission addresses the sporadic changes witnessed in the outflow of water from the Lake to the Nile at Jinja, Uganda a move that has resulted in the lowering of water levels within the Lake Victoria stretch and at the same time review the now contentious Nile Treaty whose contents remain discriminative to the region.

We seek to see the member states now with the current political goodwill call on the  services of expertised personel including leading scientists to render their services towards restraining the uncontrolled outlets in Jinja and this will see the countries within the Lake region enjoy a beautiful and one of the world’s cleanest Lakes on the globe.

Let the commission further embark on bringing oneness amongst the residents within the Lake region for purposes of bringing an end to the frequent conflicts that have threatened to escalate among member countries.

Press Release by Bro. George M. Muchai, COTU K) Deputy Secretary General, on the Election of Bro. Francis Atwoli, MBS Secretary General to the International Labour Conference Bureau, Geneva, Switzerland, 31st May, 2007:

At the opening of the annual International Labour Conference in Geneva, Switzerland yesterday, the 30^th May 2007, the COTU (K) Secretary General Mr. Francis Atwoli leading a powerful delegation of 12 trade unionists from Kenya was unanimously elected in the highest International Labour Conference Bureau, which runs the Activities of the International Labour Organisation to represent Africa.

This prestigious position follows the immense support and the wealth of experience that Mr. Atwoli enjoys amongst all the African trade unionist.

Mr. Atwoli was presented to the plenary at the conference by Mr. Adu Amankwa of Ghana Trade Union Congress and supported by all the World Labour Leaders for endorsement.

This development shows the kind of respect that the Kenya Trade Union movement commands across the world.

The conference, which is a tripartite United Nations Agency bringing together workers, employers and governments opened yesterday and will be closed on the 15^th June 2007 in Geneva, Switzerland.

Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Performance Contracts, 24th May, 2007:

The Central Organization of Trade Unions-COTU (K), the umbrella workers body in the country wishes to take great exception and denounce the government’s unilateral decision to demand that holders of Constitutional offices, teachers and Members of Parliament sign Performance Contracts.

Particularly, Members of Parliament are subjects of the electorate and their performance is measured by the very electorate who have the constitutional right to decide otherwise and any move to have Members of Parliament enter into any form of contract with the State is tantamount to interfering with a people freely and fairly elected on democratic principles.

The performance indicators for any elected person are measurable within the effective provisions and guidance on leadership as indicated by the electorate and not through papers nor signatures as the State wants Kenyans to believe.

For instance, in 1987, the USA introduced Performance Contracts purely for Chief Executives at a time when the public and private sectors had developed their own systems of evaluating their members of staff based on already provided facilities to aid in such performance.

It would be unethical for Kenya to now compel its workers to sign performance contracts when these very workers are crying over lack of facilities including vehicles to move, lack of housing, cannot afford decent meals, survives on a meager salary and above all cannot decide on any form of enumeration nor allowance for members of his staff in the lower cadre.  How do you expect such an individual to give you results?

Kenyans should be careful not to fall prey and ape the World Bank and International Monetary Fund’s uncontrolled outbursts and pronouncements lest we are likely to plunge this country into yet another state of economic turmoil. 

Most Ministries have no drivers following retrenchments, lack messengers and even furniture. Unless these shortcomings are addressed, it would be suicidal for us to jump over and demand now that a people democratically elected, who come from the most remote areas of this country to Nairobi to attend Parliament are compelled to enter into some form of contracts with the State when the latter cannot even provide them with the necessary staff for them to carry out their duties effectively nor are they allowed to make any decision on the government expenditure.

COTU (K) wishes to advise the State Minister in-charge of Public Service, Hon. Rev. Moses Akaranga, himself a friend of workers, to desist from intimidating Members of Parliament and let them continue to exercise their Constitutional Rights as given by their electorate.

 
Press Release by Bro. Francis Atwoli, MBS, COTU K) Secretary General, on Mt. Elgon Killings, 3rd April, 2007:

The Sunday killings visited on innocent residents of Kapsokway town in Mt. Elgon District is baffling and is a clear indication of a district degenerating into a state of anarchy.

It is now months since the government promised to crack down these criminal gangs in Mt. Elgon District but to the surprise of many, it has remained a case of ”we are carrying out investigation” as mayhem and death continue to rock the area.

And to the disbelieve of many, a militia group operating in the area by the name Sabaot Land Defense Force has even gone public on its operations and with a full fledged army and “Spokesperson”, continue to issue ultimatums and demands to a government charged with the responsibility of protecting these very people now under siege from such a proscribed grouping.

The six-months clan feud in this area must come to a stop! Workers in this area are no longer able to go to their places of work, as pupils are unable to attend schools with most schools in the area are now closed.

It is in view of this that the Central Organization of Trade Unions, COTU (K), now calls upon the government to immediately reposess the entire Chebyuk Settlement Scheme and gazette this scheme as a government land since it is the main cause of these killings and let this land repossessed be, possibly be given to the Prisons Department for purposes of growing food crops to feed the many starving children in the area as it remains under guard from the government security agents.

COTU (K)  feels this is the only way to bring an end to these feuds as neither the Ndorobo Clan nor the Soy Clan will claim having been left out and none of them should be allowed to move any closer to this scheme and let them be forced to seek for land elsewhere in the District.

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