Atwoli wants recommendation on Labour Court expunged from NADCO report

By Peter Ochieng

Central Organization of Trade Unions (COTU-K) Secretary General Francis Atwoli now wants a recommendation on the Labour Relations Court deleted from the National Dialogue Committee (NADCO) final report.

The Kimani Ichung’wah and Kalonzo Musyoka led committee under clause 808 (b) recommends that the Labour Relations Court be part of the High Court.

“The constitution be amended to provide that the Environment and Land Court (ELC) and the Employment and Labour Relations Court (ELRC) shall be part of the High Court,” reads the report.

In a rejoinder during a COTU (K) National Social Security Fund (NSSF) meeting at the Tom Mboya Labour College in Kisumu on Saturday, Atwoli said the recommendation was out of the committee’s mandate.

“The National Dialogue Committee was to address political instability in the country, and how to correct our political ills. That was its terms of reference,” said Atwoli.

The COTU boss added, “There was no any law level issue, there were no any terms of refence bordering on social arrangements. And then they go ahead in their recommendation, the Judiciary convinced some of them to sneak in a paragraph in that report that Employment and Labour Relations Court should go back to the High Court. And the other one was the Environment and Lands Court.”

He urged ‘friendly’ Members of Parliament (MPs) to expunge the particular recommendation from the report.

“Workers' friendly MPs who are in Parliament, they should stand strong and expunge this clause from the NADCO report.” He said the recommendation is a scheme by people fighting president William Ruto’s administration.

“It has been schemed by people who are against workers, who are against industrial stability, they want strikes to be in this country. They want workers to stand up and rise against the government. They are not fighting us, they are fighting the Kenya Kwanza government,” added the vocal Atwoli.

The Employment and Labour Relations Court is established under Article 162 (2) (a) of the Constitution of Kenya 2010. The Court is operationalised under the Employment and Labour Relations Court Act No. 20 of 2011.

It is a specialised court with the status of the High Court. Currently, the Court is established in seven stations, namely; Nairobi, Mombasa, Kisumu, Nakuru, Kericho, Nyeri and Eldoret. In addition, there are eight (8) sub-registries located in Malindi, Machakos, Bungoma, Garissa, Meru, Kisii, Voi and Kitale.