Atwoli convenes crisis meeting over Labour day amid PSRA wrangles

Central Organisation of Trade Unions (Cotu) Secretary General Francis Atwoli has convened a crucial meeting on Tuesday to finalise preparations for this year’s Labour Day celebrations due on Wednesday next week to forestall possible crisis, following ongoing forensic audit of the organisation’s funds.

Private Security Regulatory Authority (PSRA) has directed all private security firms to submit, in the next three days, a schedule of all private security officers’ trade union fees deductions and remittances made to Cotu for the last 36 months as well as all financial correspondences between the firms and Cotu regarding deductions and remittances of trade union fees.

This comes amid ongoing forensic investigations launched by the authority on the collection and use of all finances that have been deducted from at least 1.3 million guards and submitted to Cotu by the respective companies over the last three years.

PSRA Chief Executive Fazul Mohamed in his letters to the firms, seen by Nation on Monday, says a team of auditors from the authority led by Mr Phillip Okello and Mr Clinton Ingalula will take charge of the process.

“Take notice that failure to comply with this directive shall result to a statutory review of your registration and licensing status in accordance with Section 32 of the Private Security Regulation Act No: 13 of 2016,” Mr Mohamed says in the authority’s letters in part.

The face-off between Cotu and the authority is said to threaten planning of the 59^th Labour Day celebrations, owing to the fact that security guards are among major stakeholders of the event normally spearheaded by Cotu and the government through the Ministry of Labour.

Nation has established that on Tuesday, Mr Atwoli will chair the last International Labour Day Celebrations Committee meeting at the Union’s headquarters in Nairobi based at Solidarity Building starting at 10am.

The committee comprises Joel Chebii (Chairman), Benson Okwaro (Deputy Secretary), Rebecca Nyathogora (Treasurer), Wycliffe Nyamwatta, Ernest Nadome, Nelson Mwaniki, Albert Njeru, Boniface Kavuvi, Isaac Andabwa, Rose Omamo, Teresia Njeri, Moss Ndiema and Julius Maina.

Mr Atwoli had last week launched a fierce fightback against PSRA over its directive on cessation of deductions and remittances of private security officers’ trade union fees contributions to the organisation.

Mr Atwoli accused PSRA Chief Executive Fazul Mohamed of “destabilizing and interfering with not only the operations of Kenya National Private Security Workers Union (KNPSWU), but also the tripartite partners, including the Ministry of Labour and Social Protection, Federation of Kenyan Employers (FKE), and Cotu-K.

“In a manner to profess his megalomaniac character, Fazul has christened himself as the Employer, Regulator, and Union, at the same time. Without a doubt, the path Fazul has taken can only come to a tragic end following his Hyena-like dilemma,” he charged.

The stern warning by PSRA to security firms over remittance of funds to Cotu could cripple the union, and comes at a critical time ahead of the Labour Day celebrations next week.

On Monday, it was not yet clear whether President William Ruto would grace the event amid the ongoing wrangles pitting Cotu against the private security regulator.

Mr Atwoli holds that Cotu is a free and independent trade union that is neither regulated by PSRA nor any other government agency. 

“As such the demands contained in the letter by PSRA can only be made by the union members and the respective union.”

He explained that the union dues Cotu receives from Private Security Workers, through their Union’s Affiliation to Cotu, is as a consequence of a gazette notice by the Ministry of Labour, dated September 2, 2016, considering the labour laws and the requirements of the constitution of Cotu.

The official said that he has been the leading champion of the rights and welfare of Private Security Workers in Kenya.

“This has led to not only the formation of Kenya National Private Security Workers Union but also the union being represented in the Cotu Executive Board,” he said.

Mr Atwoli has been battling a proposed Labour Relations (Amendment) Bill, 2024 that seeks to set term limit for union officials, and is also facing criticism against his perceived lukewarm support for the health workers’ strike.

He has held his current Cotu post for 23 years.

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