The Banking Insurance Finance Union of Kenya (BIFU), the trade union that covers financial industry workers in Kenya has been ordered to provide all relevant documents of the union including audited books of accounts; membership registers for both branch and national, minutes of meetings held during Annual Delegates Conference (ADCs) to three representatives of the bankers.
Alphonse Were, Duncan Muthusi and Gabriel Okomo had sued BIFU Secretary-General Isaiah Kubai requesting the information but were later arrested when they went to BIFU offices in December 2018 to collect the information.
BIFU had accused them of creating disturbance and therefore charged them ‘falsely in Criminal Case number 2298 of 2018’ according to court documents seen by Mahakamani News.
This then prompted Duncan Muthusi to sue Isaiah Kubai and BIFU to have the documents. The courts agreed to Muthusi’s prayers and granted them their wishes on 29th November 2019.
The Employment and Labour Relations Court Judge Byram Ongaya ordered that:
‘The Applicant is hereby granted leave to enforce the order issued by the Commission on Administrative Justice conveyed to the respondents by the letter Ref. No. CM/ATI/FIN/000/9/19 — SNK dated 30.07.2019 and to enforce the order as a decree of the Honourable Court to the like effect of a decree of the Court’.
The three bankers Alphonse, Duncan and Gabriel are voted representatives of bankers. They had accrued Mr. Kubai of keeping Union information a secret thereby perpetuating corruption at the Union.
‘Mr. Kubai neither has the list of members nor the audited financial statements. Some of the documents he gives to court are outdated and rubbish’, says Alphonse.
The three were represented by Former Law Society of Kenya (LSK) chairman Apollo Mboya in October 17th when Mr. Kubai was taken to court pursuant to article 35 of the constitution, In the matter of section 23 of access to information Act No 31 of 2016 among other employment and labour relations matters.
Mr. Kubai is supposed to give the following information as per Article 35 of the Kenyan Constitution and Access to Information Act No.31 of 2016:
- Copies of the audited accounts of BIFU for the last five (5) years.
- The Register of Members for both National and Branches.
- The list of Branch Officials.
- The Minutes of the Annual Delegates Conference for the last five (5) years and notices convening those conferences.
- The details of the physical branch offices
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