The Kenya Independent Commissions Workers Union (KICOWU) has urged the electoral body to allow its employees to join a union of their choice as legally required in Article 41 of the constitution of Kenya.
KICOWU Secretary General Njeru Kanyamba criticised the constant threats and intimidation incidents that the Independent Electoral and Boundaries Commission (IEBC) employees faced especially during every electioneering period.
“We wish to put on notice the chairman and CEO of the commission Wafula Chebukati and Hussein Marjan Marjan respectively, that they have continued to preside over a commission that does not respect the constitution of Kenya, Article 41 and the Labour Relations Act,” Njeru said.
He asked the Chebukati-led commission to provide extra security to all its employees and ensure their safety.
The law allows every employee the freedom and right to join a union, however, according to Njeru the commission managers have refused or are unwilling to allow their employees to enjoy the freedom of association.
KICOWU through its secretary general further cited and reprimanded several occasions exhibited during the August 9, 2022, general elections where IEBC employees were abducted, threatened and at least one of the returning officers (Stephen Musyoki) was found dead in Loitoktok.
They pointed an accusing finger at the chairperson and CEO of IEBC for refusing and denying employees their International Labour Organisation rights.
Njeru has vowed to seek removal from office of IEBC chairperson and CEO on the basis of denying its employees’ rights and freedom as per the constitution after attempts to convince the Commission to allow employees to join the union is futile.
“The IEBC has refused to give employees a go-ahead to sign the forms,” said Njeru
The union has claimed the matter which is before the court for the second time, previously under the Labour Relations Court, number 152 of 2019 case with the matter heard and determined compelled IEBC to allow employees to join the union.
However, he blames the defendants and petitioner’s lawyers for conniving to differ justice which leads to the disappearance of the judgement.
A new petition was then filed in 2020 and the mention is set on October 9, 2022.
The union is confident of the final ruling to work in their favour as they wait for the matter to be heard and determined.
Njeru has urged all the commission members to fill out the registration forms and leave the rest to the union as they champion the workers’ grievances.
The union registered in 2016 with over 1200 registered members across the 290 constituencies intends to serve over 13 national commissions and two public agencies.