Report in which the committee requests to be kept informed of development - Report No 214, March 1982

Case No 984 (Kenya) - Complaint date: 21-JUL-80 - Closed

1. 281. The Committee examined this case lodged by the Organisation of African. Trade Union Unity (OATUU) and the Public Services International (PSI) at its May 1981 Session and presented an interim report to the Governing Body. Subsequently, the Committee received a communication from the Government dated 26 September 1981.
2. 282. Kenya has not ratified the Freedom of Association and Protection of the right to Organisation Convention, 1948 (No. 87), nor the labour Relations (Public Service) Convention, 1978 (No. 151); it has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 283. The allegations referred to the de-registration of the Union of Kenya Civil Servants and the freeze and seizure of its assets, and the dissolution of the union of University Workers. As regards the de-registration issue, the Committee noted that steps were being taken in consultation with the workers concerned to enable the formation of a new organisation to represent civil servants and that these consultations had resulted in the submission to the Government of a proposed Constitution of a Kenya Civil Servants' Association which was under examination. It also noted that under the Trade Unions Act, 1962, upon dissolution the funds of a union shall be disposed of according to its rules.
2. 284. The Committee recalled the principle that workers' and employers' organisations should not be liable to be dissolved by administrative authority and hoped that the consultations under way between the parties concerned would take due account of the principle that workers and their organisations should have the right to draw up their Constitutions and rules without interference from public authorities such as would restrict this right. The Committee trusted that they would also take account of the principle concerning the interference with the union's assets, that workers' organisations should have the right to organise their administration in full freedom, and that when an organisation is dissolved its assets should be provisionally sequestrated and eventually distributed among its former members or handed over to the organisation that succeeds it. It requested the Government to inform it of the outcome of the examination of the Constitution of the new organisation.
3. 285. As regards the dissolution of the Union of University Workers, the Committee noted that the Government had made no comment thereon and requested it to send its observations.

B. The Government's reply

1. 286. In its letter of 26 September 1981, the Government informs the Committee that a new body to represent the interests of Kenya civil servants has been registered in the name of Kenya Civil Servants' Association; although registered under the Societies' Act, the objects of the association cover the necessary representations. It encloses a copy of the association's Constitution under which participation in political activities is expressly prohibited.
2. 287. The Government states that it has no comment to make at this stage regarding the Union of University Workers as it has not been able to obtain any progress as regards its representation; however, it understands that efforts are being made to constitute a similar organisation which could be registered under the Societies' Act.

C. The Committee's conclusions

1. 288. The Committee notes the registration of a new body to represent Kenya civil servants (excluding teachers under the Teachers' Service Commission: Rule No. 3(a) of the organisation's Constitution) under the Societies' Act, 1962, as amended. It does, however, also note that section 11(1)(a) (Registrar of Societies may refuse registration), section 12(i)(j) (Registrar's discretion to cancel or suspend registration) and section 20(l)(b) (registered society to obtain consent of Registrar before taking certain actions) of this Act prohibit affiliation of a society with any organisation or group of a political nature established outside Kenya. Section 15 of the Act provides for an appeal against such refusal, cancellation or suspension to the minister, having suspensive effect on any such order. In this connection, the Committee would recall that one of the basic principles of freedom of association is that organisations representing workers should be able to affiliate freely with international organisations of workers and that in previous cases it has stated that legislation which requires the obtaining of government permission for the international affiliation of a workers' organisation is incompatible with this principle. Nevertheless, the Committee notes that the new association's Constitution (Rule No. 1(c)) itself states that the association "is a staff and welfare organisation and has no political aims and objectives, and will not take part in political activities, representation, organisation or arrangements".
2. 289. As regards the alleged dissolution of the Union of University Workers, the Committee notes that the Government understands that efforts are being made to constitute a similar organisation for these workers which could be registered under the Societies' Act. The Committee hopes that such efforts will result in the free establishment of an organisation of these workers' own choosing to represent their interests as soon as possible. It asks the Government to keep it informed of developments in this matter.

The Committee's recommendations

• The recommendations of the Committee
  290. 290 In these circumstances, the Committee recommends the Governing Body to approve the following conclusions:
       • (a) The Committee notes the registration of a new body to represent Kenya civil servants under the Societies' Act.
       • (b) It also notes that efforts are being made to constitute a similar organisation for university workers and hopes that they will result in the free establishment of an organisation of the workers' own choosing to represent their interests as soon as possible. It requests the Government to keep it informed of developments in this matter.