KAWU Statement on Shutdown of Kenya Airspace if Workers Demand are Not Met by Employer

we wish to formally notify you that all unionisable employees of Kenya Civil Aviation Authority (KCAA) shall go on strike after the expiry of seven (7) days from today, 9th February 2026.

This action has been necessitated by the following issues in dispute:

1. Failure to Negotiate and Conclude Collective Bargaining Agreement (CBA) since 2015

The last parties CBA lapsed in 2015. Ever since, despite persistent pleas from the Union, the Management has blatantly refused to negotiate subsequent CBAs. Apart from the 2015-2026 CBA whose negotiations stalled towards the end of 2016 due to the Management’s refusal to engage without any justifiable reason, there are five (5) other CBA’s cycles that are outstanding. Attempts by the Union to persuade Management to restart negotiations have been met with frustration, contempt, hollow excuses and demonstrable lack of goodwill. The consequence of your actions is that terms and conditions of service for unionisable employees of the Authority have remained unreviewed or unchanged for over ten years.

2. Refusal to Effect Union Dues Deductions for Staff in KCAA Grades 4 and 5

The Management has refused to effect union dues deductions for hundreds of employees in KCAA Grades 4 and 5 who have expressed their willingness and exercised their constitutional right to join the Union membership. Despite the Union notifying the Management accordingly and submitting the requisite statutory Form 5 duly signed by the said employees, Management has refused to comply with the provisions of Section 48 (3) of the Labour Relations Act which obligates them to implement the wishes of the employees within thirty days of being notified. By its refusal, Management has violated the Union’s right to organise to which it is entitled under Article 41 (2) (c) of the constitution. The Union’s please to Management to effect the union dues deduction as per the law has fallen on deaf ears.

3. Placement of a Section of Employees on Contract and/or Temporary Terms

Management has for a long time now been engaging employees either on contract or temporary terms of service for prolonged periods of time spanning several years in positions that are d esigned to be permanent. This practice is not only contrary to the Authority’s East African School of Aviation (EASA). Worse still, the Management perfected the earlier lie that they are pursuing the objective of exploiting labor laws to their advantage by placing employees on contract or temporary terms serving on permanent terms who are performing similar roles. By perpetuating contract or temporary terms of service, Management is depriving employees their right to decent work, right to equal pay for work of equal value and the right to fair treatment at work. Attempts by the Union to implore Management to remedy the situation have not yielded any fruit.

4. Reviewing, Developing and Implementing the Authority’s new Human Resource Instruments

The Management has admitted in recent meetings with the Union that it undertook the exercise reviewing and developing the Authority’s new Human Resource Instruments and submitting the same for approval to the Public Service Commission (PSC) without the consultation or involvement of the Union. This is in contravention of the clause contained in the Authority’s 2015-2026 CBA “vol.” Circular dated 8th August 2015 which requires that Drafts of the HR Instruments should “a. be developed in consultation with the Union representatives and all players who may be affected by implementation of the Instruments, such as employees, the Ministry of Public Service and Youth Affairs, and the PSC”; “b. be submitted to the PSC for approval”; and “c. be implemented immediately”. In furtherance of its impunity, Management has proceeded to implement the said new HR Instruments without the Union’s involvement and without the Establishment, Career Guidelines and HR Management Policies and Procedures Manual, which are documents of critical importance concerning their development.

5. Down Grading of Jobs Leading to Pay Cut

Arising from the implementation of the revamped new HR Instruments, several jobs held by unionisable employees have been down graded and assigned inferior pay scales. It is a requirement of the law that any changes to the terms and conditions of service for unionisable employee must be approved by the PSC. Any change to the pay structure, must be subject to negotiation and agreement with the Union. Management’s unilateral decision to down grade and eventually raise pay cuts is employees is unlawful, null and void.

6. Defiance of Court Order to Renew Employee’s Contract

The Employment and Labour Relations Court, in EERC Petition No. 1396 of 2024, issued a mandatory injunction compelling the Authority to renew the employment contract of Ms Vivian Ongwae in the position of Flight Operations Inspector with effect from the date of Judgment which was delivered on 2nd February 2024. However, the Management has failed to comply with the written defiance of the Court Order. The Union demands that the Management fully complies with the Court Order and immediately comply with the Judgment without fail, including renewing her contract, paying her accrued arrears of salary and other benefits as per the terms of the Court Order.

7. Anti-Union Posturing by the Management

The Authority’s Management has demonstrated, by its actions and inactions, that it does not care or care about the existence of a healthy and harmonious industrial relations climate in the organization. It has openly acted in a manner intended not only to frustrate and scuttle the CI negotiations but also to interfere with the operations and activities of the Union in general. I for example, the Management has refused to invite the Union representatives to meetings which are intended to discuss and deliberate important issues affecting employees’ welfare and working conditions. The Management has also been persistently posting the Management’s distaste for the Union and its activities. We demand full and unconditional facilitation of all Union representatives/negotiators for attendance of CBA negotiations.

Unless all the above issues in dispute are adequately addressed and conclusively resolved to our satisfaction within the next seven days, we shall have no other alternative but to resort to industrial action.

Please be notified accordingly.

Yours faithfully,

Moise Polioma Secretary General