Anxiety as Kenya government ponders next move on police union

By Standard Reporter

Kenyans should brace for tough times as the Government rolls back years of neglect and authoritarianism in the Kenya Police, security experts say.

They point to the resistance against reforms, civilian oversight and a trade union as signs of the old order fighting back. Capt (Rtd) Simiyu Werunga says Kenya is in a constitutional and democratic transition that could expose consumers of police services to runaway insecurity.

“Allowing a union would be ill advised at a time the security sector is under attack from organised criminal gangs and terror groups,” he says.

The Government’s hesitation to take a position on the matter highlights the increasingly dicey situation institutions tasked with the security and defence of Kenya’s territorial integrity find themselves in.

A number of countries have in the past attempted to liberalise the security sector, with “repercussions” for the State. Three years ago, South Africa threatened to change its constitution to bar the military from having trade unions after the government was barred from dismissing 1,000 soldiers who went on an illegal strike.

Military trade unions have been a reality in that country since 1999, helping improve conditions in her National Defence Force. The unions have, however, been accused of encouraging indiscipline.  South Africa’s Defence ministry and South African National Defence Forces (SANDF) have lost numerous court battles with the union, leading to the proposal of amending the Constitution to move it in line with international practice. (Only two other countries – Denmark and Germany – allow military trade unions.)

Illegal strike

Slovakia, which joined the European Union in 2004, lost the battle to keep its officers from striking last year. Werunga cautions that it would be difficult to stop an illegal strike if a police trade union was in conflict with the Government: “Police have major grievances, but if they downed their tools for only one hour, the entire country would come to a standstill.”He says the authorities should allow the Police Service Commission to do its work, saying denying officers space to ventilate would be equally disastrous. Senegal, Malawi, Cote d’Ivoire, Lesotho, Niger, Swaziland, Tunisia and now Kenya are among African countries that recognise the right of the police to belong to trade unions.

Beyond Africa, police trade unions are registered in Australia, Austria, Belgium, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, the United Kingdom and the United States.

An Industrial Court recently gave police the right to form a trade union to agitate for their rights categorical that the union’s members would not be allowed to go on strike

In his ruling on the matter, Justice Onesmus Makau of the Industrial Court cited Article 24 of the Constitution. It provides that “a right… in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society.”

Senior officers are expected to oppose any independent organisation that may challenge the Code of Conduct or the chain of command. The introduction of civilian oversight has already caused a furore within police circles. Officers at Vigilance House say a union may soon find itself tackling issues that bring it into conflict with the police high command.