Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

Effect given to the recommendations of the Committee and the Governing Body

1. 121. The Committee examined this case, which concerned the arrest and detention of the chairperson of the Federation of Kenya Employers, at its June 2003 session [see 331st Report, paras. 559-578]. On that occasion, it requested the Government to keep the Committee informed of the outcome of the court proceedings in respect of the identification and the sanction of the persons responsible for Mr. Mukuria’s arrest.
2. 122. In a communication dated 26 August 2004, the Government reiterated that it had given an undertaking that it would respect the employers’ right to association and had provided a written apology to both Mr. Mukuria and the Federation. The Government attached a letter from the Federation to the IOE in which it stated that in light of the Government’s actions “you may consider it appropriate to advise the Committee on Freedom of Association appropriately as we do not intend to pursue the case any further”. The Government states that as far as the parties involved are concerned, the matter is closed and emphasizes that no trade union leaders have since been harassed or arrested for exercising their legitimate trade union activities.
3. 123. The Committee notes the national Federation’s intention not to pursue the matter following the Government’s full written apology and undertaking to ensure respect for freedom of association. It further notes the information submitted by the Government that no similar incidents have since occurred.