Kenya: Atwoli Opposes Bid to Place Lands, Labor Courts Under High Court

9 December 2023

Nairobi — The Secretary-General of the Central Organization of Trade Unions (COTU), Francis Atwoli, has criticized the National Dialogue Committee (NADCO) report, particularly expressing disagreement with its proposal to amend the Constitution regarding labor issues in the country.

The committee's suggestion to place the Environment and Land Court (ELC) and the Employment and Labour Relations Court (ELRC) under the jurisdiction of the High Court has displeased Atwoli.

''The committee's term of reference was clear, to address political instability in the country and not to interfere with labor matters in the country,'' Atwoli said.

National Assembly Majority Leader Kimani Ichun'wah and Wiper Party Leader Kalonzo Musyoka, leading the Committee, further proposed the establishment of divisions within the High Court to address employment and labor relations matters.

These recommendations were based on input provided by the Judicial Service Commission (JSC) during the public participation stage.

Atwoli however, asserted that the incorporation of this clause in the report was a deliberate ''scheme by people who are against workers and industrial stability.''

While stressing that the committee had overstepped on its mandate, Atwoli asked lawmakers to expunge the clause once the report comes for debate and subsequent consideration in the House.

''We cannot allow the lawmakers friendly to the workers should stand by them,'' he said.

Atwoli underscored that since the operationalization of the courts, there have been significant strides in land courts and to a larger extent brought industrial stability to the country.

President William Ruto and Azimio Leader Raila Odinga sanctioned the committee's mandate, which, among other objectives, aimed to tackle the challenge of political stability in the country and address the issue of the high cost of living.

After months of negotiations between the government and the opposition, the committee revealed its report on November 25, 2023. The recommendations covered various subjects, including elections, the cost of living, economic recovery, and national unity, among other important issues.

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