The Kenya Union of TVET Trainers (KUTVET) now demands immediate resignation of TVET Principal Secretary (PS) Dr. Esther Muoria over alleged harassment of TVET principals and trainers.
They are also accusing her of making key decisions without consulting key stakeholders among other grounds .
In a protest letter addressed to Education Cabinet Secretary Julius Migos Ogamba, the union demanded for urgent action against the PS for unconstitutional conduct and refusal to recognize and consult the union.
KUTVET Secretary General Kepher Oguwi citing the Constitution said that Article 41 guarantees every worker the right to form, join, or participate in the activities of a trade union while at the same time, the Labour Relations Act, 2007, obligates the employer (in this case, the State Department headed by the PS) to recognize a registered union and to engage in collective bargaining.
He further noted that PS Muoria has persistently and arrogantly refused to acknowledge correspondences from KUTVET, declined meetings, and has operated as if the union does not exist, saying that this is not an administrative oversight but a deliberate policy to undermine the rights of TVET trainers. “This stance is unlawful, unconstitutional, and unacceptable.” He said
“The Kenya Union of TVET Trainers (KUTVET), being the duly registered Trade Union under the Labour Relations Act, 2007 (Certificate of Registration No. TU /197), and the recognized voice of TVET trainers across the Republic of Kenya. It is with profound regret that we detail a pattern of behaviour that is not only detrimental to the TVET sector but is in direct and flagrant violation of the Constitution of Kenya 2010, the Labour Relations Act, 2007, the TVET Act, 2013, and all tenets of good governance and social dialogue,” reads part of the letter.
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He states further that the PS has reduced the State Department to a one-person show where Critical decisions regarding the TVET sector—including curriculum implementation, trainer deployment, workshop allocations, and policy directives—are made unilaterally without any consultation with the trainers through their legitimate union. This he added, excludes the very implementers from processes that directly affect their profession, leading to dysfunctional policies and deep-seated resentment. “This autocracy stifles innovation and betrays the spirit of participatory governance promised by the Constitution.” He said
He added that they have also received numerous, verifiable reports from their members and institutional heads that the PS uses threats, intimidation, and punitive administrative measures to coerce TVET principals and officers into compliance with her unilateral directives.
“This culture of fear is crippling institutional leadership and creating a toxic work environment. It is a gross abuse of power and a direct contravention of Chapter Six of the Constitution on Leadership and Integrity. Kenya is a signatory to numerous International Labour Organization (ILO) Conventions, including C144 on Tripartite Consultation. The government’s own policies advocate for social dialogue. The PS’s conduct demonstrates utter contempt for this fundamental principle of industrial relations, choosing conflict over cooperation and dictatorship over dialogue,” the letter added.
In this regard, the union has demanded immediate and unconditional recognition of KUTVET by the Principal Secretary, State Department for TVET, as the legitimate representative of TVET trainers, and immediate commencement of formal, structured consultations between KUTVET and the State Department on all matters affecting TVET trainers, leading to a signed Recognition Agreement and a path to a Collective Bargaining Agreement commencement.
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It has further demanded a public commitment from the Ministry to adhere to social dialogue and tripartite mechanisms in all TVET sector decisions and the immediate cessation of all intimidation and threats against TVET Principals and officers who wish to engage with KUTVET.
“If the aforementioned demands are not fully met and tangible action, including the initiation of disciplinary or removal process of the current Principal Secretary for gross misconduct and violation of the Constitution, is not commenced within fourteen (14) days from the date of this letter, KUTVET will have no alternative but to call a full, nationwide withdrawal of services (Strike) by all KUTVET members in TVET institutions, a total boycott of all meetings, workshops, committees, and processes convened or sanctioned by the Office of the Principal Secretary, State Department for TVET,” stated the letter.
The letter was copied to the Felix K. Koskei, who is the Head of the Public Service & Chief of Staff
Office of the President, PS Dr. Muoria, The Chairperson
Public Service Commission (PSC), and the Secretary General of the Central Organization of Trade Unions (COTU-K).
By Roy Hezron
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