Effect given to the recommendations of the committee and the Governing Body - Report No 308, November 1997

Case No 1809 (Kenya) - Complaint date: 03-NOV-94 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 42. The Committee examined this case at its March 1996 meeting (see 302nd Report, paras. 355-385). It had requested the Government to take the necessary measures to enable university professors and lecturers to form and join organizations of their own choosing including through the registration of UASU, to transmit a copy of the High Court's judgement concerning the appeal of a decision to refuse trade union registration, to keep it informed on the fate of university professors and lecturers dismissed for carrying out legitimate trade union activity and who had not yet been reinstated and finally, to keep it informed as to whether the charges made against Dr. Adar in violation of his fundamental right to free speech had been dropped.
2. 43. In a communication dated 12 May 1997, the Government states that all academic staff in Kenya are employed under individual contracts of employment with the university authorities. According to the Government, the question of refusal to register their trade union is, pursuant to the Trade Unions Act, a matter for the High Court to decide. The Government mentions that the appeal of the Universities Academic Staff Union officials against the decision of the High Court of 1994 to dismiss the case is still pending in Court. The Government declares that it will take no action until the Court has ruled on the matter.
3. 44. The Committee takes note of this information. Recalling that legal proceedings concerning the appeal of a decision to refuse trade union registration should be concluded expeditiously as justice delayed is justice denied, the Committee firmly hopes that the High Court's decision in this matter will be rendered in the very near future and once again requests the Government to transmit a copy of the decision as soon as it is handed down. Furthermore, the Committee once again urges the Government to take the necessary measures to ensure that those university professors and lecturers dismissed for carrying out legitimate trade union activities and who have not yet returned to their jobs are immediately reinstated. Finally, regretting that it has received no information regarding the situation of Dr. Adar, the Committee reiterates that it expects that any charges made against him in violation of his fundamental right of free speech will be withdrawn and urges the Government to keep it informed in this regard.