The once powerful and financially stable trade union movements are facing a financial crisis following failure by several government agencies to remit monthly deductions.
Some of the affected trade unions have gone to the court to compel the government agencies to remit their employees’ monthly deductions.
With lack of funds, activities of the unions have been paralysed with some staff now going for months without salaries.
Unions that appear to be critical to the government both at national and county level are the most affected.
Interestingly, the cash is usually deducted from salaries of employees and the government appears determined to weaken the union through non-remittance of dues.
Among the unions hit hard by the cash crunch are Kenya National Union of Teachers (Knut), University Academic Staff Union (Uasu), Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU), Kenya National Union of Nurses (KNUN) and Kenya County Government Workers Union (KCGWU).
According to KMPDU Secretary-General Ouma Oluga, the union is owed Sh39 million by county governments and Sh16 million by the Ministry of Health for the period between July 2017 and 2019.
KNUT LAWSUIT
Dr Oluga says that only 20 counties remit union dues for their employees, but even then, they hardly remit the entire amount deducted from members’ salaries.
The nurses union on the other hand is owed Sh70 million Kenya by county government.
According to Secretary-General Seth Panyako, the funds have not been remitted over the past seven months.
The scenario is the same at KCGWU, with its Secretary-General Roba Doba accusing some governors of failing to remit the dues with a view to kill “troublesome” branches.
“Governors are not remitting union dues for branches that are in dispute with them. They do not want any union that poses a threat to them,” said Mr Doba, adding that the move is aimed at weakening them.
Already, Knut has sued the Teachers Service Commission (TSC) over its failure to submit Sh140 million monthly dues since June.
The move has already paralysed activities at Knut in a bid to invite members against the leadership of the union, which has been at loggerheads with TSC over various issues affecting teachers.
VARSITIES
The cash crush, which is as a result of a row between Knut and TSC, has now forced the more than 110 branches across the country to slow down their operations as they await the issue to be sorted out.
Last month, Employment and Labour Relations Court judge Maureen Onyango ordered TSC to remit Sh140 million monthly union deductions from Knut members.
However, TSC has blamed technical hitches on its failure to remit the money and has indicated in court that it will start releasing the cash to the union this month.
Knut Secretary-General Wilson Sossion said TSC is not remitting the dues because it wants to paralyse the union’s activities.
Like Knut, Uasu has also gone to court to sue seven public universities demanding union dues totalling Sh120 million.
The varsities are the University of Nairobi, Kenyatta University, Moi University, Jomo Kenyatta University of Agriculture and Technology (Jkuat), Technical University of Kenya, Egerton and Kisii universities.
At Kisii, the arrears are for the months of April and May and which total to Sh1.3 million. At Egerton, Uasu is demanding Sh7.5million for the months of January to May.
NEGOTIATION
At the University of Nairobi, Uasu is seeking Sh24.7 million for the months of December 2018 to May 2019.
At Technical University of Kenya, the union is seeking Sh33 million over 38 months between 2015 and 2019.
At Jkuat, the union is seeking to recover Sh12 million owed to it since December 2018; at Kenyatta University the union is seeking Sh28 million from December 2018 to May 2019′ at Moi University the unions are seeking Sh6.5 million for the last two months.
Uasu Secretary-General Constantine Wasonga said failure to remit union dues has paralysed activities.
Kenya Universities Staff Union (Kusu) Secretary-General Charles Mukhwaya said it is a sad situation.
“We have tried to work with the little money that we get but it is tough. We are engaging universities so that we solve this problem without going to court,” he said.
MAGOHA WARNING
Education Cabinet Secretary Prof George Magoha has since warned public universities over failure to remit statutory deductions to government agencies; saying they risk having their properties auctioned.
Federation of Kenya Employers Executive Director Jacqueline Mugo said private sector has no issues since non-remittance is common with government agencies.
“Parties need to agree on how to address this problem so that we can have industrial harmony. The public sector seems to have a problem with remittance of union dues,” she said.