Interim Report - Report No 230, November 1983

Case No 1189 (Kenya) - Complaint date: 22-MAR-83 - Closed

1. 679. A complaint was presented by the Public Services' International (PSI) on 22 March 1983. The PSI sent additional information in a letter dated 12 April 1983. On 24 August 1983 the Organisation of African Trade Union Unity (OATUU) also submitted a complaint against the Government of Kenya of violations of trade union rights.
2. 680. The Government in a letter dated 10 June 1983, transmitted certain information in connection with the complaint.
3. 681. Kenya has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor has it ratified the Labour Relations (Public Service) Convention, 1978 (No. 151). It has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainants' allegations

1. 682. The complainants point out that the matters raised in this case are a continuation of a previous complaint against the Government of Kenya, Case No. 984, which was examined by the Committee in its 208th and 214th Reports.' The previous case referred to the de-registration of the Union of Kenya Civil Servants and the freeze and seizure of its assets, and the dissolution of the Union of University Workers. Subsequently, another body to represent Kenya civil servants (called the Kenya Civil Servants Association) was registered under the Societies Act, 1962 (as amended). In March 1982, the Governing Body approved the Committee's definitive conclusions. The Committee took note of the registration of the new body to represent Kenya civil servants under the Societies Act, and also of the fact that efforts were being made to create, again under the Societies Act, a similar organisation to represent university workers. The Committee requested the Government to keep it informed of further developments regarding this matter.
2. 683. Meanwhile, these complaints, dated 22 March and 24 August 1983, were presented by the PSI and the OATUU concerning the de-registration of the Kenya Civil Servants Association on 17 February 1983 and the Government's request to the union for a list of all its assets with a view to their disposal. The OATUU further alleges that the Government has not made any statement as to whether workers are allowed to form a union or an association with negotiating powers as stipulated under the Kenya Trade Union Act. In addition, from copies of correspondence supplied by the OATUU, it would appear that in addition to officially ordering the cancellation of the registration of the organisation of civil servants, the Registrar, in a letter to the organisation, requested a list of all the assets of the organisation with a view to their disposal. The PSI supplies a copy of the notice of dissolution (published in the Government Gazette of 18 March 1983) and stresses, in its further communication, that no official decision has been given for this arbitrary action.

B. The Government's reply

1. 684. In its letter of 10 June 1983, the Government states that following the recent discussions between the Deputy Director-General of the ILO, Mr. Bolin, and the President of Kenya, there was a favourable prospect for the re-registration of the association, subject to minor modifications of the constitution which is currently being worked out. The Government points out that it is making efforts to have this matter resolved in this direction and undertakes to keep the Committee informed of any developments.

C. The Committee's conclusions

1. 685. The Committee observes that the question of the de-registration in 1980 of the Union of Kenya Civil Servants was already examined in Case No. 984 in which definitive conclusions were reached. The present complaints relate to the de-registration in 1983 of the Kenya Civil Servants' Association, the organisation which replaced the Union of Kenya Civil Servants, and the disposal of its assets.
2. 686. The Committee notes the Government's statement that there is a favourable prospect for the re-registration of the association that was recently de-registered, subject to minor modifications of the constitution which is currently being worked out. The Committee also notes the Government's statement that it is making efforts to have this matter resolved in this direction. In this connection, the Committee would point out that the cancellation of registration by the Registrar of Trade Unions of an organisation is tantamount to the suspension or dissolution of that organisation by administrative authority, a measure which is incompatible with the principle that workers' and employers' organisations shall not be liable to be dissolved by administrative 'action. The Committee hopes that the efforts mentioned by the Government will result in the free establishment by the workers concerned as soon as possible of an organisation to represent their interests. It requests the Government to transmit precise information concerning the re-establishment of the organisation of civil servants.
3. 687. As regards the question of the distribution of the assets of the de-registered association, the Committee considers that steps should be taken to allow the workers concerned to create a new organisation of their own choosing, to which the assets could eventually be handed over or with which they could remain. The Committee has taken the view that, in the dissolution of an organisation, its property should be transferred to unions which pursue the aims for which the dissolved union was voluntarily established, and which pursue them in the same spirit. The Committee requests the Government to supply information on any measures taken concerning this issue.

The Committee's recommendations

1. 688. In these circumstances, the Committee recommends the Governing Body to approve this interim report, and in particular, the following conclusions:
   • (a) the Committee considers that the cancellation by the Registrar of the registration of an organisation is tantamount to suspension or dissolution of an organisation by administrative action, measure that is incompatible with the principle that the worker s% and employers' organisations shall not be liable to be dissolved by administrative authority;
   • (b) the Committee expresses the hope that the efforts mentioned by the Government will result in the free establishment by the workers concerned as soon as possible of an organisation to represent these interests; it requests the Government to transmit precise information concerning the re-establishment of the organisation of civil servants,
   • (c) as regards the question of the assets of the de-registered organisation, the Committee requests the Government to supply information on any measures taken to distribute these assets to newly created organisation which pursues in the same spirit, the aims of the dissolved organisation.