PART VI – TRADE UNION DUES, AGENCY FEES AND EMPLOYERS’ ORGANISATION FEES 48.
This is the Act that determines who will vote in the forthcoming KNUT National elections. Union dues deduction via checkoff from the employer is what determines who a member of the union is according to the act. Read..
“Deduction of trade union dues (1) In this Part “trade union dues” means a regular subscription required to be paid to a trade union by a member of the trade union as a condition of membership.”
Simply, according to the labour laws and act, you can only be a member of a union like KNUT via checkoff deductions from the employer. There is nowhere in the labour act, where one becomes a member of a union via BANK STANDING ORDER, OR MONEY ORDER OR MPESA PAYMENTS. Let’s continue reading the act… “(2) A trade union may, in the prescribed form, request the Minister to issue an order directing an employer of more than five employees belonging to the union to— (a) deduct trade union dues from the wages of its members; and b) pay monies so deducted— (i) into a specified account of the trade union; or (ii) in specified proportions into specified accounts of a trade union and a federation of trade unions.”
There you have it. The money deducted from a KNUT member or KUPPET via check off is via a ministerial order to TSC bank the money into a specified registered account belonging to the union. This act does not talk of standing orders, MPESA or cash payments. You are only an eligible member and voter of a union by ensuring the employer deducts your salary and deposits it into a KNUT account. That is the law.
Here is the conclusion of the Labour act number 48.
‘(3) An employer in respect of whom the Minister has issued an order under subsection (2) shall commence deducting the trade union dues from an employee’s wages within thirty days of the trade union serving a notice in Form S set out in the Third Schedule signed by the employees in respect of whom the employer is required to make a deduction.”
These act is clear on who a union member is and thus who is eligible to vote. It guards against the following.
People like Mercy Ndungu who are being deducted via checkoff KUPPET UNION Dues and at the sametime masquerading as a KNUT member by paying thro MPESA or bank order. Simply via this Act, mercy Ndungu who is vying to be the KNUT woman rep is locked out,
The act ensures continuity of member. Checkoff can only be stopped via a letter from employee to employer via the union. But if we were to use bank payments or MPESA it will mean a person can masquerade to be a member during elections by paying, and withdraw payment after elections without any notice.
KNUT ELECTIONS on June 26th must follow the law. The labour act is clear on who a union member is and therefore eligible to be voted for. All those characters who invalidated their union membership via an official letter and are not being deducted union dues by TSC kindly keep off. We are seeking court orders to ensure the Labour Act is followed to the letter next week.
Procedure on How to download form one 2020 admission letter. Its important to note that secondary schools do not send admission letters to students. The ministry of education has provided a simple online platform where form one 2020 students can conveniently download their admission letter. To download your letter follow these steps: Go to: Form one 2020 admission letter For National Schools, Form one 2020 admission letter For Extra county Schools and Form one 2020 admission letter For County Schools. Select the county and sub-county you sat KCPE then key in your index number and Submit. Click on the link named “admission letter” at the bottom of the page for a copy of your admission letter. Use the printer icon to print or download icon to download to your computer. Get your primary school’s headteacher to endorse the letter and stamp it in the space provided. Finally, present it for admission together with a certified copy of birth certificate Please freely share this information ro give all a chance not to miss places in secondary schools.
During KALEMBE NDILE funeral some off the cuffs comments were made. Comments by ODM and WIPER Leaders that talks were on to revamp NASA coalition. That was Funeral talk.
ANC Party Leadership led by H. E Musalia has stated categorically in MOMBASA that there are no such talks and there is no way such betrayal by ODM can be taken lightly after four years of redicule that only Handshake partners matter in Kenya politics. Musalia is the author, pioneer and vision bearer of NASA!
Mudavadi indicated that he is open to talks with New partners that will bring about trust, respect and understanding and will work openly as equal partners who see each other important to the course.
THE RAILA ODINGA LED ODM has always thought they are an island and can do HANDSHAKES etc without others.
Their attempts to try win back friendships with former NASA partners after failing to win Mt. Kenya and when things have started falling apart in their handshake thing; should be seen as deceit and redicule to other partners who have borne the burden of shame for betraying loyal supporters who have always stood by them.
Mudavadi as the founder of NASA is committed to that NASA dream, but on a different trusted platform. Kenyans are intelligent and should not be taken for a ride just to win votes.
Attached above is Rt. Hon. Raila Amollo Odinga’s full statement.
Many agree, the reason the Judiciary is being revisted by UhuruRuto govt is because of the nullification of the 2017 presidential election.
Now here’s the thing. One may not agree with everything said therein. This is quite in order, as conformity for conformity sake is nonsensical. In point of fact, as the late John F Kennedy (35th US President) put it, “conformity is the jailer of freedom and the enemy of growth.”
Still, here’s the thing. There ought to be areas of agreement. And as for me, 4 such areas standout. These, I paraphrase as follows:
That the doctrine of separation of powers is in built into our constitutional order. Moreover that this doctrine is integral, and not just incidental, to good governance.
That the 2010 constitution sought to restore the balance of power between the 3 branches of government. This balance was thrown off-kilter by questionable constitutional amendments, which were effected during the previous dispensation.
That each branch must not trespass on the mandate of another (independence). Yet each branch relies on the cooperation of the others (interdependence). Moreover, the twin concepts of independence and interdependence must never become the basis for counter-productive turf wars. The purpose of both is to produce a whole government that is more accountable and transparent in ALL of its transactions.
That the leaders of all 3 branches must now ”seek common ground in their respective powers in order to achieve a more effective government of the people, by the people and for the people.” In short, a more effective republican form of government.
Here’s another thing, my friends. The former PM closes by advising that ”the country deserves an informed debate rather than a shouting match on this critical matter.”
He seems to suggest that we cease with the unhealthy exchange of innuendo and even insults. And that in its place, we should embrace a healthier exchange of ideas and insights.
And so here is the final thing. The former PM is clearly cognisant that our governance system replicates the Washington model. This is instructive because, unlike me, he was not really been a big proponent of this model.
Yet he, like I and many others, appreciate both peril and genius in the Washington model. Great peril lies in throwing the balance of power off-kilter yet again. By contrast, great genius lies in preserve in pristine form that delicate feature that is the checks and balances.
This genius of the Washington model – the said checks and balances – must really not be disturbed. These must not be disturbed, as long as good governance remains an overriding objective of the republic.
HARRIET appears as no. 12 on the published list of those to be interviewed for the job of IEBC COMMISSIONER.
Harriet is a versertile top notch young lawyer practicing in Nairobi.
Harriet has served this country in many positions including on several boards and commissions.
Harriet was raised in humble settings of Lugari in Kakamega county, and has made it out of sheer hardwork, dedication and perseverance.
She joins the 36 who have been shortlisted. Only 4 will be chosen. Her competition includes other big names in KENYAN political scene, in the judiciary and other former commissioners of various boards.
The write up below was done by a Swahili scholar who is privy to how the Kenya Institute of curriculum Development is minting billions from publishing firms in the name of approving their books for the new CBC CURRICULUM.
Sielewi. Sijui mbona hadi sasa hivi mashirika ya uchapishaji humu nchini hayajadhihirisha wala kuonesha hasara au dhuluma yanazozipitia kwenye mchakato mzima wa uteuzi wa vitabu kule KICD!
Tangu uanzilishi wa mtalaa mpya wa umilisi (CBC) kwenye shule zetu, mashirika kupitia kwa waandishi wao yamekuwa yakichapisha vitabu na kuviwasilisha kwenye shirika la uundaji wa mitalaa (KICD) kwa kima cha shilingi elfu 60 kwa kila kitabu cha somo fulani ili kuhakikiwa na wahakiki maalum kabla ya kuidhinishwa na kuruhusiwa kutumiwa na wanafunzi wetu kwenye shule zetu! Kufikia sasa, yapo mashirika ambayo yamekuwa yakiwasilisha vitabu kwa kila mwaka na kwa bahati mbaya vitabu hivyo vikakosa kuidhinishwa kwa sababu za hapa na pale.
Hata hivyo, kwa tathmini na imani zangu ninakosa kuelewa ni vipi kitabu fulani kilichoandikwa na walimu wenye uzoefu na tajriba pana vikakosa kuidhinishwa kimfululizo kuanzia gredi ya 1 hadi 6 na hasa ikizingatiwa kwamba waandishi kwenye mashirika haya yote huviandika vitabu hivyo wakiongozwa na kudhibitiwa na mwongozo mmoja na unaofanana kwenye mashirika yote!
Hebu chukulia kuwa shirika limekuwa likiwasilisha mswada wa somo fulani kwa kima cha shilingi elfu 60 kwa kila kiwango au gredi, kufikia sasa shirika hilo litakuwa limeghirimika shilingi elfu 60 mara 6 (gredi ya 1 hadi 6), ambazo ni shilingi 360, 000. Na iwapo shirika limewasilisha miswada 6 kwa kila somo basi litakuwa limelipa shilingi 360,000×6 = 2,160,000. Na hizi hesabu ni kwa ajili ya vitabu vya mtalaa wa umilisi pekee (CBC)! Sijataja vile vya fasihi ambavyo pia hutozwa shilingi 140, 000 kwa kila kitabu kinachowasilishwa kule KICD kabla hata uhakiki na uidhinishwaji kuanza kufanywa! Kwa hivyo, iwapo shirika litakuwa limewasilisha vitabu 10 kwa mfano, shirika hilo litakuwa limelipa shilingi 140,000×10=1,140,000. Endapo vitabu vyote hivyo vikakosa kuidhinishwa, unaweza kukadiria hasara itakayolikumba shirika hilo! Wakadha, shirika lolote ambalo kitabu chake kimeidhinishwa, hulipa shilingi laki moja ili kukidhia harakati nzima ya uhakiki na uidhinishaji.
Idadi hiyo ya pesa kwangu naona ikiwa hasara, dhuluma, hujuma na ukatili mkubwa kwa mashirika yetu ya uchapishaji kwa vyovyote vile! Licha ya kiwango hicho cha pesa, zipo gharama nyingine za kuvichapisha vitabu hivyo kabla ya kuviwasilisha KICD, gharama za kuwalipia waandishi ada na milo za mikahawa wanapoishi wakati wa kuandika au kuvitunga vitabu hivyo.
Kwa maoni yangu, kutokana na hela hizo nyingi zinazotumiwa na mashirika ya uchapishaji kabla na wakati wa kuwasilisha miswada yao kwenye shirika la uundaji wa mitalaa (KICD), KICD ingeyahurumia mashirika hayo kwa kuidhinisha vitabu vyote vilivyowasilishwa kwa masharti fulani. Vilivyoidhinishwa viwe vya KIADA na vilivyosalia viwe vya ZIADA (baada ya masahihisho yaliyopendekezwa kufanywa). Kigezo cha kuidhinisha mswada katika misingi ya bei yake na wala si ubora wake pia ni changamoto nyingine ambayo huenda ikawadumaza na kuwalemaza watoto wetu kielimu. Kwa maoni yangu, ubora wa kitabu ungalizingatiwa kuliko bei yake.
Vivyo hivyo, isisahaulike kuwa vitabu hivi ambavyo serikali inayashinikiza mashirika kuviuza kwa bei ya kiwango cha chini kabisa au kwa bei ya mchele kwenye gilasi, viliwanyima waandishi usingizi kwa muda wa siku kadhaa ndiposa wakaviandika! KUANDIKA SI RAHISI, NAOMBA NIRUDIE TENA KUWA KUANDIKA SI RAHISI! Kazi za waandishi zizifanyiwe mizaha kwa vyovyote vile licha ya sababu za hapa na pale!
Hatimaye, ningependa kusema kuwa, iwapo mchakato mzima wa uwasilishaji, uhakiki na uidhinishaji hautachunguzwa, kuangaziwa na kutathiminiwa kwa jicho la ndani na kwa haraka iwezekanavyo, huenda mustakabali wa vipaji vya waandishi chipukizi na wale tajika ukafishwa kwa lazima, mashirika chipukizi na yale tajika yakahofia kuwasilisha miswada yao kutokana na ada kubwa inayotozwa na shirika la uundaji wa mitalaa (KICD) na hatimaye miswada yao ikakosa kuidhinishwa. Vile vile, mwishoni mwa yote huenda wanafunzi wakamalizia kuidhinishiwa vitabu vibovu na visivyokidhi mafunzo toshelevu. Huku kutakuwa kumekidumaza na kukilemaza kabisa kizazi cha halafu.
As I write this it is 2Am. I am insecure. Last night at such a time,down the road, thugs killed 5 watchmen at a school.
Kakamega town, which is home to many of is Luhya NATION and the only town that I have deeply invested my soul and substance is insecure. People getting killed, robbed, mugged etc.
The level of insecurity in Kakamega town and it’s surroundings its of a big concern at the moment yet Our men in uniforms are busy harassing residents and solicisting 50 notes from innocent mama mbogas and hustlers in the name of masks .
We are tired of waking up with bad news every morning. We have lost enough hardworking men and eomen.Where are our leaders . I would wish everyone to confirm if your estate is safe here starting from Joyland,Amalemba,juakali,kefinco,Sichirari,Maraba Etc , confirm by declaring your state of security!
If the government has FAILED to protect us in Kakamega, then it is time to think of vigilantes. It is time to think of Angola Msumbiji to patrol the way they used to do in the 70s.
Over 5000 staff work for the judiciary. It is present in every of the 47 counties. It requires court buildings & other infrastructure.
Parliament has less than 1000 staff, all in Nairobi.
Judiciary budget? 17b. Bunge budget? 37b.
The NEXT govt in Kenya must rise above these REVIST nonsense of UhuruRuto on the Judiciary. Kenya needs a PRESIDENT who can rise above personal vendetta and revange. Kenya needs a Kibaki moment. An moment of ECONOMIC growth, not petty revangeful kidish stuff.
These are weighty issues. Two former Judiciary heads painting fingers at President Uhuru then someone still insists Uhuru is right. It’s time the six judges are appointed. Impunity in Uhuruto adm is on another level.
Maraga: We are on road to anarchy. Grab a copy of The Standard at your nearest vendor.