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{
    "id": 1061106,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1061106/?format=api",
    "text_counter": 310,
    "type": "speech",
    "speaker_name": "Limuru, JP",
    "speaker_title": "Hon. Peter Mwathi",
    "speaker": {
        "id": 104,
        "legal_name": "Peter Mungai Mwathi",
        "slug": "peter-mwathi"
    },
    "content": "fees with respect to Collective Bargaining Agreements (CBAs) negotiated and concluded by 40 trade unions in the country in the period of 2017 to 2021. The Member refers to Section 49 of the Labour Relations Act, 2007, which provides for payment of agency fees to trade unions by an employer after effecting deductions from an employee’s salary. In particular, the Hon. Member sought information regarding five Questions which I will read out, and then I will read the response from the Ministry for each Question. Part (i) of the Question was: Why the Cabinet Secretary (CS) for Labour and Social Protection has violated Section 49 of the Labour Relations Act 2007 by not gazetting agency fees that was negotiated and concluded in the CBS by Kenya National Union of Teachers (KNUT), University Academic Staff Union (UASU), Kenya National Union of Nurses (KNUN) and Dock Workers Union, among others. The response from the Ministry is as follows: The Ministry has not violated Section 49 of the Labour Relations Act of 2007 by not gazetting agency fees negotiated in the Collective Bargaining Agreement as alleged. The Cabinet Secretary has received a total of 37 applications for deduction of agency fees. The Ministry continues to process those applications for gazettement and is keen to ensure fairness in procedure and compliance with the law.” In support of this part of the Question, the Ministry has attached Annex 1, which I will table after I finish with the Statement. Part (ii) of the Question is: Why the Cabinet Secretary has ignored applications by unions for the agency fees despite the said unions fulfilling the requirements set out in Sub-Section 2 (a), 2 (b), 2 (c) and 2 (d) of Section 49 of the Labour Relations Act. The Ministry’s answer is: “The Ministry has not ignored applications for issuance of agency fee by trade unions as alleged. The Ministry continues to process the applications in accordance with the provisions of Section 49 (1) of the Labour Relations Act.” In support of this answer, the Ministry has attached Annex 2, which I have here and will table after reading the Statement. Hon. Speaker, part (iii) of the Question is: Why the Cabinet Secretary has failed to implement Section 49 of the Act while the employers continue to offload membership from union registers or withdrawing check-off, making it extremely difficult for unions to organize and conduct their programmes as provided for in Article 41 of the Constitution, despite some unions obtaining court orders compelling the Cabinet Secretary to award agency fees. The answer from the Ministry is: “(a) The Ministry has not failed to implement Section 49 of the Labour Relations Act as suggested. The Ministry identified various challenges which mainly concern lack of statutory form for filing an application for agency fees by trade unions. This has resulted in various challenges, which include inconsistency in documentation and information filed by parties. For example, inclusion of bank details like the branch and the bank and the application not filed, not showing the details of individuals or whether it is a common account for the union or for collection of dues. (b) Great disparities in amounts payable between employers in the same union. (c) Agency fee amount is equal to the union dues amount, creating confusion among workers whether they are members or not. (d) Complaints by members for misappropriations or misuse of union funds in certain instances and several are in court in this regard. The Ministry is not aware of offloading of members of KNUT, UASU, KNUN and other trade unions. Should this arise, then parties have the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}