Private guards, COTU dispute now in court

The war between Private Security Regulatory Authority (PSRA) boss Fazul Mahammed and Central Organisation of Trade Unions, COTU-Kenya has moved to court even as the former launched a probe into private security officers’ trade union fees deductions and remittances.

This as a human rights crusader filed a petition in court seeking to have Mohamed removed from office on grounds of being unqualified for the position and violation of the Constitution.

The human rights crusader Francis Awino who is also the President of Bunge la Mwananchi, a national social movement, asserts that Mahammed does not meet the stipulated qualifications for the said position, charging that he fabricated his degree certificate from the Egerton University. “The petitioner states that Egerton University has confirmed that the respondent has never been a student of the university and has not enrolled as one,” reads the affidavit.

Awino is seeking a declaration by the court that Mahammed has violated the Constitution and that he is not fit to hold office for his lack of minimum qualifications for appointment as a CEO.

The petition was filed on April 19, before High Court Judge Lawrence Mugambi who directed it to be served within 14 days.

But Mahammed has launched a forensic investigation into the private security officers’ trade union fees deductions and remittances made to COTU-Kenya in the last 36 months.

The move comes a week after Mahammed ordered all security firms to immediately cease deductions and remittances to Francis Atwoli-led COTU.

The PSRA directed the firms to submit, in the next two days, a schedule of deductions and remittances as well as all financial correspondences between the firms and COTU regarding the same.

PSRA has appointed a team of auditors led by Phillip Okello and Clintion Ighalula to probe the collection and use of finances that have been deducted from at least 1.3 million guards. “Take notice that failure to comply with the directive shall result in a statutory review of your registration and licencing status in accordance with Section 32 of the Private Security Regulation Act,” Mahammed said in a letter to the security firms.

The PSRA said the audit was prompted by numerous complaints from private security officers, adding that preliminary investigations revealed that the over 1.3 million guards had contributed billions of shillings to COTU, and which could not be adequately accounted for.

“The Authority, with the aim of protecting the welfare and rights of over 1.3 million private security guards, has instituted an investigation on the collection and use of all finances that have been deducted and remitted to COTU by private security companies,” Mahammed said.

Private security companies have consistently deducted trade union fees from private security guards and subsequently remitted the said contributions to the COTU.

Mahammed however said that though the guards had made significant financial contributions, COTU has not lived up to its mandate and has persistently disregarded, declined, and/or neglected to advocate for their rights, advocate for compliance with minimum wage and promote their general welfare. “As outlined in COTU’s constitutive document, part of the organisation core mandate is to represent the voices of workers and actively fight for their social and economic welfare,” Mahammed said.

According to PSRA, private security officers constitute a large percentage of COTU’S membership and despite their low salaries have faithfully contributed trade union fees to COTU for decades.

Atwoli has however dismissed the directive saying such orders can only be made by the union members or the respective union.

Atwoli further said the union dues received from private security workers, through their union’s affiliation to COTU (K), is as a consequence of a Gazette Notice by the Ministry of Labour, dated September 2, 2016, considering the labour laws and the requirements of the constitution of COTU (K). “It must be remembered that COTU (K) is a free and independent trade union that is neither regulated by Private Security Regulatory Authority nor any other government agency,” Atwoli said last week.

Mahammed also accused COTU of not fighting for the interest of guards, but had instead become another money-making scheme.

“Atwoli has been at COTU for 23 years, what has he done for security guards in this country? Mahammed asked.

Atwoli however took a swipe at PSRA over the claims, and accused Mohamed of lacking an understanding of industrial relations practices, and reaffirmed COTU’s leading role in driving reforms within the private security sector.

The PSRA has, in a bid to professionalise the industry, come up with a raft of measures including setting the basic minimum monthly wages for all private security guards operating in Kenya.