The current wave of industrial unrest should be very worrying. First
is because more questions than answers arise in relation to our industrial
dispute handling mechanisms. Do they work, or they are not there? Secondly,
these disputes are predominantly between the government and civil
servants. Mind you, the government is
the duty bearer and custodian of labour legislation in a situation where either
CBAs are not honoured or industrial relations are not valued and respected. It
is even more disturbing when the ministries several times thump their chest
with arrogance and threatening trade unions. Is the government or its representatives
for that matter aware of workers’ rights and labour legislation?
Why have they thrown away dialogue as provided in the industrial
relations mechanisms?
The second reason why the situation is worrying, is that, if the
government cannot engage workers in proper dialogue and respect industrial relations
processes, how do we expect the private sector to respect labour legislation
and workers’ rights? Are we in for more trends where workers’ rights will
continue being violated with poor working conditions and unfair wages?
Shouldn’t this worry all of us if the majority of Kenyan workforce cannot
improve their living conditions out of poor wages and poor working conditions?
Thirdly, and more disturbing is that the civil servants involved in
the industrial dispute are those within the sectors that provide services
considered to be the basic needs of the citizens; health and education; more so
targeting the very poor who cannot afford private clinics and private schools. When
we continuously plead with doctors, nurses and teachers and reproach their moral
conscience using images of the suffering, we need to feed the government with
the same.
Kenya’s industrial unrest is becoming untenable and in the long run
the economy is what will suffer massively. This economy that so much depends on
the workers!!
When trade unions have to meet the president to resolve disputes
when the state has industrial dispute handling mechanisms then what we are
glaring at is failure in the system.
My observation from these many industrial unrest in Kenya is the
government failure to acknowledge the big role played by workers in driving
economic development through production/labour and income.
And when signed CBAs are not honoured, and trade unions have to
resolve to strike time and again, as we have seen with teachers before, and now
doctors, it also points to dishonesty by the government, and I suggest moral
failure by the state.
Ultimately, it boils down to one thing: The state has failed to
recognised the contribution to the economy made by workers. The worst part is,
the striking workers are often civil servants whose services address the basic
needs of the citizenry: health and education.
No wonder the former Ministry of Labour has now been squashed to a
department within the Ministry East African Community
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