NAIROBI, May 2 (Xinhua) -- Kenyan workers are up in arms against a proposal to make striking in case of an industrial dispute harder.
Parliament is currently debating a law that will require unions in essential service sectors to provide workers during strikes.
These workers include those in the health sector like doctors and nurses, fire fighters and those in the power industry. Others are sanitary services, air navigational services and meteorological services.
During strikes, the law proposes that unions offer members to continue working to curb disruption of services.
Affected workers' unions have opposed the proposal, noting their right for industrial action is guaranteed by the constitution.
"We oppose that law. There is nothing like essential services. The constitution is clear that all services are equal. They are planning to introduce archaic laws which are going against the constitution. Article 41 of the constitution does not discriminate against any worker," said Central Organisation of Trade Unions secretary-general Francis Atwoli on Tuesday during the Labour Day celebrations in Nairobi.
Other union leaders have similarly said the proposals contained in the Statute Law (Miscellaneous) Amendment Bill 2018 violate workers' constitutional rights and vowed to fight them.
However, parliament working with the executive has stood its ground noting the change to the law would alleviate public suffering during strikes.
Labour Cabinet Secretary Ukur Yatani has supported the proposed change to the labour laws, noting they are minor and they are meant to align the law with the constitution.
"The right to go on strike should not infringe on the rights of others," he noted. Kenya has had numerous workers strikes in the last years as employees push for better perks.
Doctors, lecturers, nurses and clinical officers are among those who have boycotted work for months in the past.
Doctors were on strike for over three months early last year while lecturers are currently on strike accusing government of failing to honor their salary deal.
The push and pull between workers and the government is expected to entrench suspicion between them, with workers vowing to challenge the law in court and using other means like strike if passed.
However as workers' unions spoil for a fight, ordinary citizens are supporting the amendment.
A majority noted that it will cure their suffering during strikes, which have been numerous in the education and health sectors.
"When doctors were on strike for 100 days, several people died for lack of health services. The doctors then returned to work and were paid for the three months they were on strike. But what about families that lost loved ones?" Cyril Onduso, a motorbike taxi operator in Nairobi, said on Wednesday.
If such a law was in place, lives would have been saved even as the medics were on strike, he reckoned.
Mercy Atieno, an administrative assistant at a government agency in Nairobi, termed the proposal as timely.
"When strikes happen, it is the poor who suffer because they cannot afford the cost of services in private health facilities. This law protects the poor and I support it fully. The strike will go on but people will not miss services if the law is in place," she said.
Analysts noted that while the unions have a right to oppose the changes, they have little public support.
"This law safeguards the right of the public to get services even during strikes. It does not ban strike but I believe it is good if some workers in critical sectors serve people during work boycotts to avoid needless loss of lives," said Henry Wandera, an economics lecturer in Nairobi.
If Kenya passes the law, it would join Tanzania and Rwanda, which has similar laws.
"My thinking is that the law is progressive in the wake of numerous strikes that have hit the country," said Wandera.
