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County Government Workers Union – Kenya (COGWU) has condemned what they termed an unacceptable and illegal declaration, pointing to a reduction in their workforce.
COGWU Secretary General, Roba Duba, yesterday dismissed remarks they attributed to the Commission on Revenue Allocation (CRA), reportedly suggesting to sack county workers, freeze recruitment, and enforce punitive fiscal controls under the guise of managing the wage bill.
The union has warned CRA and any County Governments that may be tempted to implement these illegal recommendations to brace themselves for a vigorous battle.
Duba termed the remarks not only as insensitive and legally overreaching recommendations but also a direct provocation and an unconstitutional declaration of war against the backbone of devolution.
The union issued a stern warning to the CRA, saying devolution cannot and will not be built on the ‘graveyard’ of workers’ livelihoods.
“We urge the CRA to immediately retract these toxic recommendations and focus on its actual job: providing for more funds to ensure counties can function effectively and pay their hardworking staff a dignified wage. Any attempt to compromise a single job will be met with the full force within the existing tenets of the law,” Duba said in a statement.
Duba accused CRA of operating outside its constitutional mandate, saying its work is explicitly defined under Article 216 of the Constitution, which restricts its role to recommending the equitable sharing of revenue between the national and county governments, and among counties.
According to the union, nowhere in the Constitution is the CRA mandated to manage human resources, dictate county employment terms, or direct the sacking of workers.
By attempting to micro-manage county payrolls, he noted that CRA is trending on dangerous terrain and acting ultra vires.
They also cited CRA over what they described as a violation of county autonomy.
“Under Article 6(2) of the Constitution, the national and county governments are distinct and interdependent,” Duba insisted.
Similarly, he explained that the County Governments Act (No. 17 of 2012), Section 59 dictates the power to appoint, discipline, and manage human resources, which rests solely with the independent County Public Service Boards (CPSBs).
He noted that CRA has zero legal authority to bypass these boards or override their executive employment functions.
The union, instead, called for the need to fix the revenue underfunding and not the workforce.
Instead of acting as an enforcement tool to punish counties, he said CRA should be working to increase the revenue allocation to devolved units, as continuously requested by the Council of Governors (CoG).
He stated that the systemic financial distress in counties is a direct result of the national government’s failure to disburse adequate funds on time, not the workforce numbers falsely blamed by the commission.
“The union will fight back with full force. We remind the commission that our members are fully protected by Article 41 of the Constitution, which guarantees every worker the right to fair labour practices, safe working conditions, and the right to engage in industrial action,” he said.
The union also insisted that any attempt to implement these draconian recommendations, such as arbitrary mass sackings or unfounded employment freezes, will directly violate the Employment Act (No. 11 of 2007) regarding fair termination procedures and breach of active Collective Bargaining Agreements (CBAs) in force.
“Our members are hereby put on high alert. Stand ready to defend your jobs, your families, and your constitutional rights,” the union warned.
igithinji@standardmedia.co.ke
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County Government Workers Union – Kenya (COGWU) has condemned what they termed an unacceptable and illegal declaration, pointing to a reduction in their workforce.
COGWU Secretary General, Roba Duba, yesterday dismissed remarks they attributed to the Commission on Revenue Allocation (CRA), reportedly suggesting to sack county workers, freeze recruitment, and enforce punitive fiscal controls under the guise of managing the wage bill.
The union has warned CRA and any County Governments that may be tempted to implement these illegal recommendations to brace themselves for a vigorous battle.
Duba termed the remarks not only as insensitive and legally overreaching recommendations but also a direct provocation and an
unconstitutional declaration
of war against the backbone of devolution.
The union issued a stern warning to the CRA, saying devolution cannot and will not be built on the ‘graveyard’ of workers’ livelihoods.
“We urge the CRA to immediately retract these toxic recommendations and focus on its actual job: providing for more funds to ensure counties can function effectively and pay their hardworking staff a dignified wage. Any attempt to compromise a single job will be met with the full force within the existing tenets of the law,” Duba said in a statement.
Duba accused CRA of operating outside its constitutional mandate, saying its work is explicitly defined under Article 216 of the Constitution, which restricts its role to recommending the equitable sharing of revenue between the national and county governments, and among counties.
According to the union, nowhere in the Constitution is the CRA mandated to manage human resources, dictate county employment terms, or direct the sacking of workers.
By attempting to micro-manage county payrolls, he noted that CRA is trending on dangerous terrain and acting ultra vires.
They also cited CRA over what they described as a violation of county autonomy.
“Under Article 6(2) of the Constitution, the national and
county governments
are distinct and interdependent,” Duba insisted.
Similarly, he explained that the County Governments Act (No. 17 of 2012), Section 59 dictates the power to appoint, discipline, and manage human resources, which rests solely with the independent County Public Service Boards (CPSBs).
He noted that CRA has zero legal authority to bypass these boards or override their executive employment functions.
The union, instead, called for the need to fix the revenue underfunding and not the workforce.
Instead of acting as an enforcement tool to punish counties, he said CRA should be working to increase the revenue allocation to devolved units, as continuously requested by the Council of Governors (CoG).
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He stated that the systemic financial distress in counties is a direct result of the national government’s failure to disburse adequate funds on time, not the workforce numbers falsely blamed by the commission.
“The union will fight back with full force. We remind the commission that our members are fully protected by Article 41 of the Constitution, which guarantees every worker the right to fair labour practices, safe working conditions, and the right to engage in industrial action,” he said.
The union also insisted that any attempt to implement these draconian recommendations, such as arbitrary mass sackings or unfounded employment freezes, will directly violate the Employment Act (No. 11 of 2007) regarding fair termination procedures and breach of active
Collective Bargaining Agreements
(CBAs) in force.
“Our members are hereby put on high alert. Stand ready to defend your jobs, your families, and your constitutional rights,” the union warned.
igithinji@standardmedia.co.ke
By Irene Githinji