The Central Organisation of Trade Unions (COTU - K) SG Francis Atwoli has opposed the new Labour Relations (Amendment) Bill 2024.
The bill introduced by Migori Senator Eddy Oketch introduces a term limit for officials of unions and employers’ organisations or federations.
But in a statement on Thursday, Atwoli termed the move as ill-conceived and retrogressive.
Atwoli has called on Senator Oketch to unconditionally withdraw the Bill and instead engage the National Labour Board.
He said the National Labour Board is the body required to generate and propose any meaningful amendments to our five sets of Labour Laws.
He said the proposal stands against the principles of free and independent trade unions as advocated for by the International Labour Organization Convention 87, 98 and 144.
"Trade unions are essential, free and independent organisations representing the interests of workers across various sectors in Kenya," Atwoli said.
"Their operations are guided by their own constitutions that establish internal democratic processes," he added.
Atwoli reiterated Cotu's commitment to defending the freedom and independence of trade unions in Kenya.
The Cotu boss said trade unions have fought so hard for the country’s independence and the freedoms that all Kenyans including the Senator himself enjoy.
The Bill seeks to end the current arrangement where officials can hold office for as many terms as possible provided they are duly elected and re-elected.
“The principal object of the Bill is to provide for the term of office of officials of a trade union, employers’ organisation or federation and requirements for registering a trade union,” the Bill says.
The proposed bill has been published for introduction in the Senate for first reading.
It is set to undergo public participation where officials will share their views on the proposed law.
The Bill, that appears to target long-term officials of trade unions and federations, officials of the groups shall hold office for not more than two terms.
The radical move could see long-serving Cotu SG Atwoli and Federation of Kenya Employers executive director Jacqueline Mugo exit office.
Atwoli has served as Cotu secretary general since 2001 when he was first elected.
His current term ends in April 2026 after he won re-election on April 9, 2021.
In a rejoinder, however, Atwoli challenged Senator Oketch to familiarise himself with the workings of the Senate, particularly concerning the autonomy and independence of trade unions.
rather than talking about issues that are hitherto of no interest to the many Kenyans servicing and sustaining his stay at the Senate.
Atwoli said that trade unions, just like political parties, operate without term limits for their leaders as long as they are elected to represent the interests of their members.
"The senator forgets that the position he occupies, as Senator, does not have a term limit considering the understanding that ‘as long as a Member of Parliament continues to effectively represent the voters they can be voted in again and again’," he said.