Cotu made conscious decision to work with the government

Recently, a number of articles have been written by journalists about how Cotu and I have morphed since 2001. I wish to set the record straight and, with a lot of humility, educate the public about the transformation that has taken place in the labour movement.

Since I joined trade unionism in September 1967, I have had the privilege to serve Kenyan workers in different positions before my ascendance to the helm of Cotu in 2001. In my 58 years in trade unionism, I have been a keen observer of the complex and ever-evolving interaction between trade unions and governments.

To help understand this complex interaction, one has to appreciate the fact that many countries in Africa, Asia and Latin America, attained their independence through the agitation and struggle of trade unions. In the case of Kenya, it is the trade unionists who continued the struggle for an independent Kenya against the Whites when the leaders were in detention.

As such, in the early 1960s up to the late 1980s, there was a lot of militancy in trade unionism and the scope of work for a trade unionist was confined to simply advocating against wage reduction and unfair treatment of workers.

Further, the deep-rooted capitalism that defined our economy made the political establishment and the government at large too critical of trade unions, and hence the tense, hostile and combative relations between trade unions, government and employers.

Understandably, a number of journalists still romanticise this period when unions were militant without bothering to see the progress that has taken place to inspire modern trade unionism. But not to cast aspersions on anyone, it is human nature to always romanticise history. It seems the journalists fantasise a lot about the bygone era, and this is not the problem of journalists only, but a larger human nature.

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For instance, I have seen Kenyans repeatedly criticise their presidents while in office, only to later praise them after they leave power. This happened with Jomo Kenyatta, Daniel arap Moi, Mwai Kibaki, and most recently Uhuru Kenyatta. Each, once vilified, was eventually reimagined as a great leader in hindsight.

It is my firm belief that when scribes write the history of this country and, with the benefit of hindsight, contextualise the ongoing developments, many will understand the modern trade unionism.

But before that, allow me to simplify the developments and what I have since noted as modern trade unionism.

In 2007, just six years after my ascension to the helm of Cotu, Kenya adopted the five labour laws that were, unlike the archaic labour laws, workers-centric. Following continued advocacy and collaboration with the International Labour Organisation, Cotu ensured the enactment and consequent implementation of the Employment Act 2007, Labour Relations Act 2007, Occupational Safety and Health Act 2007, Work Injury Benefits Act 2007, and the Labour Institutions Act 2007.

Collectively, these laws ushered in a period of dialogue and modern industrial relations that recognised the key role played by workers and ensured that their rights and welfare were protected and enhanced. Moreover, tripartism, as called for by the International Labour Organisation, was anchored by these Acts and the need to promote social dialogue between government, workers and employers was cemented, at this point.

In 2010, Kenya ushered in a new constitution that Cotu took active part in campaigning for considering the provisions of Article 41 and the establishment of the Employment and Labour Relations Court as a specialised court of the High Court. These two provisions were not handed down easily. They were as a result of intense lobbying, advocacy, and mobilisation by Cotu, which recognised that without constitutional anchoring, workers’ rights could not be sustainably protected.

Granted that contextualisation, trade unions now operate in an environment where there is strong social dialogue and tripartism arrangement.

Unlike in the past when trade unionists had to stand on top of tables to be heard, today, we sit around the tables with employers and governments to give dialogue a chance before resorting to any other action.

Moreover, trade unions today have a wider scope of concerns, among others, social protection, trade and globalisation, technological and artificial intelligence, gender equality and youth employment, and climate and sustainability.

This expansion of focus has made the trade unions to adopt a more collaborative approach, working closely with government agencies and other key players to shape comprehensive policies that safeguard workers' rights in an increasingly complex world of work.

Given the expanding scope of issues that trade unions must now address, it has become impossible for them to operate effectively without working in collaboration with the government of the day. This understanding has significantly elevated Cotu's influence both locally and internationally.

Notably, when I was elected Secretary General of Cotu in 2001, there were only about 300,000 unionised workers in Kenya. However, due to the modern industrial relations practices that I have championed, Cotu now represents over four million members across its 47 affiliate unions.

Today, Cotu stands as one of the most respected trade union centres in Africa, ranking second only to the Nigeria Labour Congress on the continent.