Elections of all Trade Unions, Employers Organizations and Federations

Elections of all Trade Unions, Employers Organizations and Federations

TO ALL REGISTERED TRADE UNIONS, EMPLOYERS’ ORGANIZATIONS AND FEDERATIONS

RE: TRADE UNION ELECTIONS

1.    AS you are aware, section 34 of the Labour Relations Act, provides that elections for all registered trade unions, employers’ organizations and  Federations shall  be conducted at least once every five years, starting at the branch level.

2.  Arising from the above, the term of office of officials for all trade unions, employers’ Organizations and Federations  is five (5) years.

3.  Pursuant to the  provisions of the law, I would like to remind all trade  unions, employers’ organizations and federations that the last elections were held in the year 2016, and the next elections are due next year 2021.    Consequently therefore, all trade unions, employers organizations and federations  and their branches, shall be required to carry out elections as follows:

•    Branch elections shall be held from 4th January, 2021 to 31st March, 2021.

•    National elections shall be held from 1st April, 2021 to 31st June 2021.

This deadline must be met as the elections of officials of the Central Organization of Trade Unions (COTU) (K) and Trade Unions Congress of Kenya (TUC) (K) must be held before 30th August, 2021.

4.  It is imperative  that  all trade  unions, employers’ organizations  and  federations operate strictly within the  provisions  of their  registered Constitutions and more specifically, ensure  conformity in terms of notice to all members of the date, time, and venue of the elections.

Voting will take place between 6.00am  and 6.00pm  on the election day.

5.  The authorized  representatives of all trade  unions, employers’  organizations  and federations must;

i.    Ensure that the Registers of members at both the Branch and National levels are duly updated before the elections.

Certified copies of the Registers for the National Offices should be furnished to the Commissioner for Labour and the ones for the branch offices to the respective County Labour Officers at least sixty (60) days before the elections.

Non-members  who pay agency fees will not vote.

ii.    Furnish  the  Commissioner  for Labour  and  the  respective  County Labour Officers with certified copies of the trade unions’  constitutions at least sixty (60) days before the elections.

iii.     Furnish  the  Commissioner  for  Labour  with the  planned  schedule  of the National elections and the respective County Labour Officers with the schedules of the branch elections at least sixty (60) days before the elections to allow the Ministry adequate time for planning.

This information  will also be published  in the Ministry’s Website and other  public media thereafter within a reasonable time.

6.  Further, the authorized  representatives  aforesaid must communicate  in writing to the Commissioner for Labour, and the respective County Labour Officers, the venue of the elections at least thirty (30) days before the elections and this communication copied to the Registrar of Trade Unions.

The Ministry will publish the same in its Website and other public media thereafter within a reasonable time.

7.  In addition, notice of the elections of officials shall be given to the Registrar in the prescribed  Form within fourteen  (14)  days of the completion  of the  elections in accordance with the provisions of Section 34 (3) of the Labour Relations Act, 2007.

8.  Finally, please note that no new applications for Registration of Branches and / or change of names or amendments  to the registered constitutions  will be processed with effect from the date hereof, until the elections are complete.

E.N GICHEHA  (MRS)

REGISTRAR OF TRADE UNIONS

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