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{
    "id": 416329,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/416329/?format=api",
    "text_counter": 252,
    "type": "speech",
    "speaker_name": "Hon. Muchai",
    "speaker_title": "",
    "speaker": {
        "id": 1623,
        "legal_name": "George Mukuru Muchai",
        "slug": "george-mukuru-muchai"
    },
    "content": "My concerns stem from Clauses 82 and 83 as proposed to be amended. When hon. Kamama was on the Floor, he made it clear that the intention in these Clauses was to ensure that police officers in this country do not exercise their right to form and belong to trade unions, as enshrined in Article 41 of the Constitution. I have brought to the attention of the Chairman of the Committee that there is a Judgment that was given by the Industrial Court as currently constituted under Article 162(2)(a) of the Constitution. That Judgment was entered on 14th June, 2013 under Appeal No.1 of 2007 by Justice Makau of the Industrial Court. He allowed police officers in this country to form and belong to trade unions for the protection of their interests and for purposes of collective bargaining. Clauses 82 and 83 are not only unconstitutional, but is against the International Labour Organization (ILO) Convection No.98 on the right to organize and enter collective bargaining. That right is further extended to trade unions under Article 41(5) of the Constitution. The proposed amendments do not allow police officers to form associations that are contrary to Article 41(5) of the Constitution. In its Judgment, the Industrial Court has clearly interpreted the provisions of Article 24 of the Constitution on the limitation of rights and fundamental freedoms in as far as members of the Police Service are concerned. It has given specific directions to the AG to bring amendments to this House with regard to the National Police Service Act, which limits the exercise of that freedom by police officers. This is by ensuring that they do not take industrial action or participate in trade unions activities. That Judgment is clear and is known to the Chairman of the Committee. He has given me an assurance that the concerns will be raised with the AG, so that the necessary amendments to this law allowing the formation of a trade union by police officers - but with limitation of their The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}