MPs trash proposal to bar soldiers from trade unions

By Peter Opiyo

MPs voted to allow members of the disciplined forces to join trade unions if the Proposed Constitution is approved.

Immediately after the vote, Defense Assistant Minister David Musila said it was a sad day for national security to allow the forces to picket, assemble and demonstrate.

When Mr Musila moved an amendment that would repeal Article 24 of the Proposed Constitution to maintain the status quo where the forces are barred from joining the unions, it was evident the House was bent on endorsing the proposal.

But come voting time, 122 MPs voted for the amendment, 23 less than the constitutional threshold for an amendment, thus the proposal was defeated. At least 145 MPs (65 per cent of the 222 MPs) are required to pass any amendment.

Four MPs voted against the amendment while 21 abstained. Earlier, before the vote could be taken, a count resulted into three conflicting figures of 143, 146 and 140 prompting Speaker Kenneth Marende to direct that the names of members present be called out. It was finally established that 150 members were in the House, and it is this number that proceeded to the vote.

Freedom to picket

While proposing the amendment, Musila said it was not in order to allow disciplined forces to join such unions, pointing out that South Africa tried it out and is now considering amending the law.

In his list of forces to be barred from joining trade unions were Kenya Defence Forces, National Police Service, National Intelligence Service, Kenya Prisons Service, Kenya Forest Service, Kenya Wildlife Service and National Youth Service.

"South Africa gave their armed forces the freedom to picket and now they want to reverse that. Disciplined forces should not be allowed to picket," said the minister.

His colleague at the Defense Ministry Joseph Nkaissery, who seconded the amendment, said it would be unusual to allow the forces to demonstrate, arguing it would weaken their command.