Police officers ready to join union amid fears it could be dangerous

By Jacob Ngetich

NAIROBI, KENYA: Challenging times lie ahead for the Police leadership as officers wait for the formation of the Kenya Police Union after a court ruling declared it was a legal move.

In an interview with The Standard on Sunday, a number of officers, including some in the senior ranks who sought anonymity welcomed the ruling and said the move to form a union was long overdue.

Officers say thousands of them would join the union if formed.

 “The officers have been neglected all the time, they live in inhuman and squalid conditions. They lead miserable lives in the stations,” said an officer.

Another police officer said apart from housing and pay, there was need to look into how promotions were done.

“The promotions are always done in unfair way. Some officers have been sidelined for so long, you can have someone being in the same rank for 20 years. There is corruption in giving promotions,” said the officer.

Two weeks ago, Industrial Court Judge Onesmus Makau, sitting in Mombasa, made a landmark ruling that Police officers can now form a trade union.

In the ruling

In the ruling, Justice Makau on an application by four retired police officers Paul Gichuru, Stephen Kyalo, Nicky Njuguna and Stephen Karani, against the registrar of trade unions declared that the Labour Relations Act, that initially barred police officers from forming or joining a trade union, was inconsistent with Articles 24 and 41 of the Constitution.

The application filed in the court challenged the refusal by the Registrar of Trade Unions from registering Kenya Police Union that would bring together law enforcers in the country.

The ruling where Central Organisations of Trade Unions (Cotu) was enjoined in the suit has set the stage for the police officers to form a trade union like other government employees including teachers, doctor, civil servants and recently the nurses who were also set free by the courts.

Under the new Constitution in the Bill of Rights, every Kenyan has the right to fair labour practices and every worker has the right to fair remuneration, reasonable working conditions, to form, join or participate in the activities and programmes of a trade union, and to go on strike.

A former senior police officer who also sought anonymity because she is currently working in a blue chip company supported the move on the trade union and dismissed those who do not support it as alarmist who think the union will be misused.

 “People have an alarmist view of the union as a means to strike, this is a parochial view. The police have been left behind for a long time, while other groups champion for their rights, they have been neglected for long,” said the ex-officer.

She said the Kenyan police was a relic of the colonialism and the force was later used by the powers that be to push for their agenda in the past regimes.

“As a country we have made strides and the police are also evolving, it is time they also have union to ventilate their views, make their demands and champion for their rights,” she said.

Amend provisions

According to the Justice Makau, the Attorney-General has four months to amend the statutory provisions and set in place a legislative framework to enforce the ruling.

However, the High Court Judge said police officers will not be allowed to call or participate in any strike pursuant to section 47 (3) of the National Police Service Act of 2011 (NPSA).

The police administration has indicated that it will not encourage its officers from forming a trade union even after the recent ruling. In an interview with the  Sunday Standard, Administration Police Spokesperson Masoud Munyi said there was a lot of reform process in the police force and there was no reason to have a union.

Respect for court

“Whereas we will respect the court ruling, we do not think there is any need for a union for the police at the moment in light of the several reforms going on at the moment and the force is improving fast,” said Munyi.

He said there were a number of platforms including the Independent Policing Oversight Authority (IPOA), National Police Service Commission and the Kenya Police Cooperative SACCO welfare organisation that looked at the issues and plights of the officers.

“We would like to listen exactly to the issues the union wants to stand for and we will advise our officers to explore their issues with the existing platforms. There is no need for duplicity, we now even have Police Women Association that looks into the issues affecting women officers,”  said Munyi.

The challenge for the administration is how they will ensure that the unionised force does not strike given the enthusiasm the police have with the union. Whereas the Section 47 (3) of the National Police Service Act of 2011 outlaws strike in the police, it will be difficult for the NPSA to give instruction to the union and therefore unsatisfied organisation could easily mobilise go slow.