2013 Annual Survey of Violations of Trade Union Rights - Kenya
|Publisher||International Trade Union Confederation|
|Publication Date||6 June 2013|
|Cite as||International Trade Union Confederation, 2013 Annual Survey of Violations of Trade Union Rights - Kenya, 6 June 2013, available at: http://www.refworld.org/docid/51b8516916.html [accessed 29 July 2016]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Anti-union discrimination: In September 2012, more than 100 nurses were sacked at the Moi Teaching and Referral Hospital for participating in a strike. The names of those dismissed were pinned on notice boards at the hospital and the nurses were asked to pick up their dismissal letters from the institution.
Arrest of trade union leader: In October 2012, Francis Atwoli, the General Secretary of the Central Organisation of Trade Unions (COTU) was arrested for contempt of court. The High Court imposed a fine of Sh 500,000 for disobeying a court order to stop a strike. Atwoli had refused to stop the strike because the workers had complied with the legal notice period.
Exclusion of nurses from the right to form a union: The Kenya National Union of Nurses won a case against the Permanent Secretary for Medical Services with the Industrial Court holding on the 28 December 2012 that nurses have both the right to join a union and the right to strike. Relevant ministries were instructed to meet and negotiate with the nurses and to reach a consensus within seven days. However, the Public Service Commission dismissed nurses who had participated in the strike in relation to the dispute, including for example those at Kakamega Provincial General Hospital. In February 2013, the Industrial Court issued another ruling on reinstatement and payment of pending salaries.