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"speaker_name": "Limuru, JP",
"speaker_title": "Hon. Mwathi Peter",
"speaker": {
"id": 104,
"legal_name": "Peter Mungai Mwathi",
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"content": " Yes, they are. Just two more are remaining. Part (iv) of the Question is: Why the Cabinet Secretary is undermining the role of trade unions in negotiation of labour matters, or why their members are violating labour laws Constitution and the International Labour Organization Conventions of 1998 on freedom and rights of trade unions The answer is: “The Ministry has neither undermined the role of trade unions in negotiations of labour matters for their members, nor has he violated labour laws or the ILO convention. He has continued to discharge his duties as mandated by law and put into place necessary measures to promote and protect freedom and rights of trade unions. The Cabinet Secretary continues to register trade unions, process trade union disputes, conduct election of trade unions, constitute reconciliation and technical committees under alternative dispute resolution, provide labour advisories and conduct trainings on labour administration; and, involve trade unions as key stakeholders in view of labour policy and laws. Hon. Speaker, finally, part (v) of the Question is: When the agency fees will be gazetted for all unions that have negotiated and concluded Collective Bargaining Agreements. The answer is: “The gazettement of agency fees has had its fair share of challenges and has been pending for some time. The Ministry sought guidance from the Head of Public Service and consulted the Ministry of the National Treasury and Planning and the Office of the Attorney-General. Arising from the consultation, it was realized that there were gaps relating to making of orders under Section 48 on union dues and Section 49 on agency fee. The gazettement of orders will have to wait for the completion of the law making process as they are still in consultations. Subsequently, the Ministry, in conjunction with the Office of the Attorney-General, prepared a Concept Paper on Draft Labour Relations, Trade Union Dues, and Agency Fees Regulations 2020 – which are to guide the procedure for gazettement of orders. This document, in accordance with the law, will be presented to the National Labour Board for direction. It is anticipated that those Regulations will not only address the attendant challenges, but will also streamline the process and ensure consistency in procedure, fairness, justice and legal compliance. Hon. Speaker that marks the end of the Statement."
}