Cotu in Crisis: Forensic Audit Threatens Atwoli’s Labour Day Plans Amid PSRA Clash
Francis Atwoli, the Secretary General of the Central Organization of Trade Unions (Cotu), has called a key meeting on Tuesday to finalize plans for this year’s Labour Day celebrations, which are scheduled for next Wednesday. The goal is to prevent any potential issues due to the ongoing forensic audit of the organization’s finances.
The Private Security Regulatory Authority (PSRA) has instructed all private security companies to provide, within the next three days, a record of all trade union fee deductions from private security officers and the remittances sent to Cotu over the last 36 months. Additionally, they must submit all financial communications between the companies and Cotu regarding these deductions and remittances.
The authority has initiated ongoing forensic investigations into how all finances collected and deducted from over 1.3 million guards over the past three years have been handled and provided to Cotu by the companies involved.
The Chief Executive of PSRA, Fazul Mohamed, stated in letters to the firms (reviewed by Gossipa2z.com on Monday) that a team of auditors from the authority, led by Mr. Phillip Okello and Mr. Clinton Ingalula, will oversee the process.
“Take notice that failure to comply with this directive shall result in a statutory review of your registration and licensing status by Section 32 of the Private Security Regulation Act No: 13 of 2016,” Mr Mohamed says in the authority’s letters in part.
The conflict between Cotu and the authorities is said to jeopardize the planning of the 59th Labour Day celebrations, as security guards are key participants in the event, which is typically led by Cotu and the government via the Ministry of Labour.
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Gossipa2z.com reported that on Tuesday, Mr. Atwoli will preside over the final meeting of the International Labour Day Celebrations Committee at the Union’s headquarters in Nairobi’s Solidarity Building, beginning at 10 a.m.
The committee comprises Joel Chebii (Chairman), Benson Okwaro (Deputy Secretary), Rebecca Nyathogora (Treasurer), Wycliffe Nyamwatta, Ernest Nadome, Nelson Mwaniki, Albert Njeru, Boniface Kavuvi, Isaac Andabwa, Rose Omamo, Teresia Njeri, Moss Ndiema and Julius Maina.
Last week, Mr. Atwoli initiated a strong opposition against PSRA regarding its order to stop deductions and remittances of union fee contributions from private security officers to their trade union.
Mr Atwoli accused PSRA Chief Executive Fazul Mohamed of “destabilizing and interfering with not only the operations of Kenya National Private Security Workers Union (KNPSWU), but also the tripartite partners, including the Ministry of Labour and Social Protection, Federation of Kenyan Employers (FKE), and Cotu-K.
“In a manner to profess his megalomaniac character, Fazul has christened himself as the Employer, Regulator, and Union, at the same time. Without a doubt, the path Fazul has taken can only come to a tragic end following his Hyena-like dilemma,” he charged.
The PSRA’s strong caution to security companies about transferring funds to Cotu could harm the union, especially given the upcoming Labor Day celebrations next week.
On Monday, it remained uncertain whether President William Ruto would attend the event due to the ongoing disputes between Cotu and the private security regulator.
Mr. Atwoli asserts that Cotu is an autonomous and self-governing trade union, not subject to oversight by PSRA or any other governmental body.
“As such the demands contained in the letter by PSRA can only be made by the union members and the respective union.”
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He clarified that Cotu receives union dues from Private Security Workers through their union’s association with Cotu due to a government notification issued by the Ministry of Labour on September 2, 2016, which aligns with labor laws and Cotu’s constitutional requirements.
The official stated that he has been the foremost advocate for the rights and welfare of private security workers in Kenya.
“This has led to not only the formation of Kenya National Private Security Workers Union but also the union being represented in the Cotu Executive Board,” he said.
Mr. Atwoli is contesting the proposed Labour Relations (Amendment) Bill, 2024, which aims to impose term limits on union leaders. He is also being criticized for his seemingly tepid backing of the health workers’ strike.
He has held his current Cotu post for 23 years.
Cotu in Crisis: Forensic Audit Threatens Atwoli’s Labour Day Plans Amid PSRA Clash