The Labour Relations Act defines a trade union as “an association of employees whose principal purpose is to regulate relations between employees and employers, including any employers’ organization”[vi]. We have witnessed various trends amongst the Trade Unions. Trade unions have evolved over the years and appear to become less militant- we are reminded of the year 1998 when the country was marred with a series of strikes such as the Kenya Bankers’ strike in March 1998 which almost paralyzed the banking sector and the Kenyan economy at large for an estimated 14 days, and the Kenya National Union of Teachers strike in October 1998 that went on for about a month and which brought the education sector to a standstill amidst the commencement of the national examinations for the Kenya Certificate of Secondary Education. The underlying issue was that whilst the law was clear on strikes there was a level of impunity in implementing strikes despite them being declared illegal by the then Ministers of Labour in the aforesaid eras. Does this mean that the Trade Unions have appreciated and accepted the labour law practices as they are now?
As opposed to the past experiences, today, negotiations between employers and employees in the event of strike do not take as long as they used to. There are fewer protracted stalemates. Presently, the only strikes that have maintained their past demeanor are mainly those that involve the government as the employer, as was seen in the recent nationwide teacher’s strike by the Kenya National Union for Teachers. Notably, the Labour Relations Act has facilitated collective agreements- for better working terms- and provided for prohibited strikes and lock-outs[vii] which would explain the decline in the strikes by employees in various sectors.
