Kenya braces for aviation disruptions as workers' strike notice lapses

KAWU Secretary General Moss Ndiema on Thursday said the strike had become inevitable after negotiations with the management of the affected institutions failed to yield a breakthrough within the notice period.

"The notice is almost lapsing without the issues being adequately addressed. Our members are ready to exercise their constitutional right to withdraw their labour unless the outstanding disputes are conclusively resolved," Mr Ndiema said.

The looming industrial action marks the latest chapter in a labour dispute that has simmered for months with the union accusing management across the four aviation entities of failing to honour previous agreements, ignoring workers' concerns and frustrating negotiations despite repeated engagements.

According to the union, attempts to resolve the disputes through dialogue, written demands and return-to-work agreements have failed to bear fruit, forcing workers to invoke their constitutional right to strike after the expiry of the statutory seven-day notice.

 “We have made it clear that once the deadline lapses, all our workers will down their tools but there is room to deal with it before then,” Mr Ndiema said.

Kenya Airports Authority (KAA) Managing Director Moses Wekesa, however, insisted the strike notice was premature, saying management had resolved most of the issues raised by the union through ongoing negotiations.

"We have been meeting the union and we have resolved most of the issues that they raised.The Salaries and Remuneration Commission has now given a go-ahead that they do it, but once the board is in place, they will ratify the issue. It is a premature strike notice. We are still engaging them and we will make sure all the issues are resolved,"

" he said, adding that the outstanding issue on KCAA's delayed collective bargaining agreement stemmed from the absence of a substantive board to ratify the deal.

Also Read: Airport workers strike - After deal comes counting the losses

KCAA regulates civil aviation, KAA manages the country's airports, while Kenya Airways and its subsidiary Jambojet account for a significant share of domestic and international passenger traffic.  A work stoppage affecting employees across the four institutions could disrupt passenger processing, aircraft handling, security screening, cargo operations and other essential airport services.

At the centre of the dispute is what the union says is management's persistent refusal to resolve long-standing labour grievances, some dating back more than a decade.

For KCAA, the union says workers have gone for more than 11 years without negotiated improvements to their terms and conditions of service after the last Collective Bargaining Agreement (CBA), covering the period between July 2013 and June 2015, expired.

Three successive CBAs covering the periods 2015-2019, 2019-2023 and 2023-2027 remain outstanding despite previous commitments by the Authority to conclude negotiations.

"Persistent attempts by the Union to engage the Management with a view to negotiating and concluding other subsequent CBA cycles have been met with blatant refusal and characteristic lack of interest, goodwill and willingness on the side of the Management," the union states in the strike notice.

It says workers have consequently stagnated without any review or adjustment of their terms and conditions of service despite rising living costs and changes in the aviation sector.

The union also accuses KCAA of sidelining workers in the development of new Human Resource instruments, saying management developed and submitted the policies to the Public Service Commission without involving the union as required by law.

The union also accuses KAA of ceding critical airport functions to third parties, arguing that the changes not only threaten jobs but also compromise aviation security. One of the most contentious issues is the decentralised passenger screening and check-in system at Wilson Airport, where individual airlines undertake functions that the union insists should be performed by KAA.

It claims the arrangement contravenes international aviation standards and ignores previous government directives requiring the Authority to restore a centralised screening system.

"The Union's concern is that its members, particularly those in the Security Department whose roles and functions have been taken over by individual airlines, are faced with imminent job losses," Mr Ndiema said.

The union also opposes the deployment of National Youth Service (NYS) and Kenya Defence Forces personnel to aviation security and fire services at Jomo Kenyatta International Airport and other airports, saying the move has displaced trained KAA employees.

"The Management has hatched a systematic and conscious scheme aimed at handing over some specific jobs and roles to third parties thereby leading to loss of jobs to our members," the union says.

Other grievances against KAA include alleged arbitrary disciplinary action against employees, failure to provide staff uniforms for more than five years, outsourcing of ICT and parking services, poor medical cover, failure to pay negotiated quarter per diem allowances and non-compliance with court orders requiring the conversion of 507 contract employees to permanent and pensionable terms. The union also accuses management of failing to deduct and remit union dues from eligible employees.

KAA disputed the union's claims over contract employees at KAA, saying the matter had largely been resolved. While the union claims 507 contract workers have yet to be absorbed into permanent and pensionable terms, he said the actual number stands at 370 employees, whose absorption was approved by the KAA Board on July 14.

"The main issue they are raising for KAA regarding contract employees numbering 507 was already addressed. The true position is the number is 370 contract staff whom we obtained Board approval on the 14th of this month to absorb on permanent and pensionable terms," Mr Wekesa said.

He said he communicated the decision during a staff meeting held on July 17 at Jomo Kenyatta International Airport, the KAA headquarters and Wilson Airport, which was attended by more than 700 employees.

 "Interestingly, the union was opposed to us having that meeting and instead called a parallel meeting seeking to take credit for this achievement. Staff opted to attend the meeting called by the MD and never went for the union's meeting," he said.

The union also accuses the national carrier Kenya Airways of undermining established disciplinary procedures and allowing its Legal Department to interfere with human resource functions.

According to Mr Ndiema, the management has established an ad hoc inquiry committee outside the structures provided for in the company's HR Manual and the Collective Bargaining Agreement.

"There has emerged a trend where the established disciplinary process particularly targeting unionisable employees has been completely disregarded, mutilated and disfigured to the detriment of our members," Mr Ndiema said.

The union wants Kenya Airways to reinstate employees it says were unfairly dismissed, restore HR independence, implement the tier system and pay all outstanding allowances.

For Jambojet, the dispute centres on union recognition and alleged victimisation of employees. KAWU says the airline has refused to sign a recognition agreement despite the union recruiting the majority of unionisable staff, while at the same time targeting employees associated with the union through disciplinary action and dismissals.

"The Management has lately been executing employment terminations of certain employees as part of a wider and systematic scheme targeting employees who are deemed to be associated with the Union," Mr Ndiema said.

The dispute follows an earlier strike by KCAA workers in February this year, which ended after both parties signed a return-to-work formula committing themselves to expedite negotiations on the outstanding grievances.

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