Police officers can now form a trade union. The applicants, through their lawyer Wambugu Gitonga, had filed an appeal challenging the refusal by the registrar of trade unions to register the Kenya Police Union. This follows a landmark ruling by Industrial Court Judge Onesmus Makau. Mr Justice Makau declared that the Labour Relations Act, which barred police officers from forming or joining a trade union, was null and void to the extent that it was inconsistent with Articles 24 and 41 of the Constitution. Article 24 of the Constitution states that “a right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors”. According to the new Constitution, every person has the right to fair labour practices and every worker has the right to fair remuneration, reasonable working conditions, to form, join or participate in the activities and programmes of a trade union, and to go on strike. The ruling clears the way for police officers to form a trade union to push for their rights. Central Organisation of Trade Unions(Cotu) Secretary-General Francis Atwoli welcomed the ruling, saying that for the first time in the country’s history, police officers will have a vehicle through which they can fight for their rights. We wanted our police officers to have a union which they can use to push for a collective bargaining agreement with their employer and agitate for their rights. But we do not want them to go on strike because that will threaten the security of the country,” Mr Atwoli said
Posted on: Tue, 18 Jun 2013 07:15:36 +0000
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