20/10: Kenyans will head to the polls on 26 October 2017 for a second time this year after the Supreme Court overturned the August election victory of President Uhuru Kenyatta. But what will the results mean for workers, particularly workers who are in Trade Unions, or who want to join a workers union?
Currently, the law protects Kenyans who want to join a Trade Union. The Constitution and the Labour Relations Act provide for Freedom of Association. Every worker has a right to form, join or participate in the activities and programs of a Trade Union (and leave).
The principal purpose of a Trade Union is to regulate relations between workers and employers. Basically, a union fights for better working conditions and remuneration for its members. It advocates sound relations between employers and workers through the promotion and protection of freedom of association, collective bargaining agreements and dispute resolution. More specifically, labour unions negotiate for wages, work rules, complaint procedures, rules governing hiring, firing and promotion of workers, benefits, workplace safety and policies. The agreements negotiated by the union leaders are binding on the rank and file members and the employer and in some cases on other non-member workers.
But will these rights be protected under a new government?
According to a report on News24, uncertainty has gripped the country, business has slowed and everyone is locked in a wait-and-see mode. The political crisis is the worst since a disputed 2007/8 election sparked politically-motivated ethnic violence that left 1 100 dead. The 2017 crisis is different in many ways, however opposition protests have seen 40 killed, mostly at the hands of police and in poor opposition strongholds.
According to a political commentator, the challenge to Kenyan leaders is to conduct their politics peacefully and ring-fence the economy from malicious attacks that disrupt the livelihoods of the people.
“They should primarily be more focused on helping the people to survive the economic and social hardships that threaten their survival and the long-term stability of the economy,” he said.