Private guards dismisses Fazul directive on union dues

Private security guards have disowned a directive to stop union dues remittance to the workers' umbrella union, Central Organisation of Trade Unions Cotu (K).

The Kenya National Security Private Workers Union (KNSPWU) chairperson Isaac Andabwa, distanced himself from the orders, saying they are affiliated to Cotu (K).

"KNPSWU writes to inform all employers to respect the legal gazette notice no.6912 of the Labour Relations Act (no.14 of 2007) until otherwise advised by the cabinet secretary Ministry of Labour and Social Protection, to avoid rifts likely to escalate into court battles," Andabwa said.

The details are contained in a letter dated April 26, to Private Security Regulatory Authority (PSRA) boss, Mohamed Fazul.

It comes after Fazul recently directed private security firms to stop remitting guards’ union fees to Cotu (K).

“Pending conclusion of the investigation, all private security companies are hereby directed to, effective immediately, stop deducting and remitting private security officers’ trade union fees to the Central Organisation of Trade Unions,” said Fazul, in the directive to Kenya Security Industry Association chairman, Jeremy Van Tongeren.

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Andabwa has however disassociated from Fazul's directive, saying the latter acted in contempt of the legal framework controlling the sector.

He directed all private security employers to continue remitting contributions to Cotu (K). 

"The communication is devoid of legal jurisdiction...KNPSWU was neither in a picture nor copied the communication," Andabwa said. 

While issuing the directive on April 15, Fazul claimed he acted in the interest of various private security companies that had raised companies over what he said is laxity of Cotu (K) in fighting for the guards' rights. 

According to him, the authority had initiated investigations into the allegations.

“Pending conclusion of the investigation, all security companies are hereby directed to, effective immediately, stop deducting and remitting private security officers’ trade union fees to the Central Organisation of Trade Unions,” Fazul statement read in part.

A day later, Cotu (K) Secretary General Francis Atwoli would, maintain that his outfit is an independent trade union that is neither regulated by PSRA nor any other government agency. 

"The union dues Cotu (K) receives from private security workers, through their union’s affiliation, is as a consequence of a Gazette Notice by the Ministry of Labour dated September 2, 2016, considering the labour laws and the requirements of the constitution of Cotu (K)," Atwoli said.

Andabwa on Friday argued that it is the responsibility of the Cabinet Secretary for Labour to issue sectoral legal notices and not the regulatory authority. 

He also said that the withdrawal from Cotu (K) as an affiliate member has not been okayed by the KNPSWU National Executive Council (NEC). 

“The communique to cease deductions to Cotu (K), has yielded confusion and consequently put the industry sector in a state of 'quagmire," Andanwa said.

He added; “The stakeholders have cited anxiety, panic, conflict of interest and feel intimidated in terms of which of the coins is giving instructions or directives.”

In the letter, Andabwa defended his position insisting that his appointment to the Cotu (K) board is not just about Union dues(commercial-oriented).

“It is anchored on representation and advocacy for the rights and welfare of private security office,” he said.

Andabwa also expressed fear that the tiff between the regulator and Cotu (K) places guards in an awkward position before the International Labour Organisation (ILO) to which KNPSWU is represented through Cotu.