FKE faults Labour CS Kazungu Kambi over board sacking, calls for respect to social partners

Federation of Kenya Employers Executive Director Jacqueline Mugo

NAIROBI, KENYA: The Federation of Kenya Employers (FKE) has entered the fray following decision by Labour Cabinet Secretary Kazungu Kambi to dissolve the National Industrial Training Authority (NITA) board.

Executive Director of the employers body Jacqueline Mugo dismissed the move as illegal, saying sacking of the board is a direct and unwarranted affront to labour relations in Kenya and is not based on any powers conferred on the Cabinet Secretary by law.

“For example, Section 4 (11) of the Industrial Training Act, Cap 237 Laws of Kenya gives clear guidelines on the removal of a board member of NITA and certainly does not give the minister any power to dissolve the entire board as though the Authority was being wound up,” she said in a statement issued yesterday.

The protest opens a new chapter of war with the ministry which since last year has been fighting with the Central Organisation of Trade Unions (COTU) and FKE over administrative actions touching on workers and employers.

Ms Mugo confirmed that FKE has obtained a letter signed by the Principal Secretary Ali Ismail instructing the directors to vacate office as the process to gazette their sacking is concluded. The letter signed by Ali has been addressed to NITA Director General Paul Kosgei.

“I am directed by Cabinet Secretary – Ministry of Labour, Social Security and Services to inform you that the Cabinet secretary - has dissolved the NITA board of directors and set in the motion the administrative process leading to the gazettement of the dissolution.

NO REASON

In the circumstances, the dissolved board no longer has any capacity to transact any NITA business, “ says Ali in the letter. Mugo said the PS has not given reasons why the board has been sacked.

“FKE objects to this ill-informed and unilateral action, which has become a pattern which dominates the Cabinet Secretary’s tenure, whereby disregard of the role of the Social Partners seems to be the norm. Further, FKE has not received any prior communication of intention by the Cabinet Secretary to remove its nominees from the board and valid reasons for this action,” she stated.

She added,” We are concerned that the despite current constitutional dispensation, the Cabinet Secretary continues to act with impunity and in total disregard of the principles of participation, fairness, justice and mutual respect on which our Constitution is founded.”

She said NITA has been on a reform path and any unilateral decision to disrupt its operations cannot be informed by good intentions for the institution.

Mugo warned that the sacking of the board could lead to confrontation and industrial strife.