KPA workers' union General Secretary Sang ousted after a 20-year tenure

Long-serving Dock Workers Union (DWU) general secretary Simon Sang has been ousted after the High Court declared that he was not a person in good standing for the union.

In a case of the hunter becoming the hunted, the Employment and Labour Relations Court also reinstated five union officials whom Sang had replaced after they questioned his leadership. 

The replaced officials, led by DWU deputy general secretary Sulman Otieno Owour, successfully challenged their removal without being given a fair hearing on December 13, 2024.

In the judgement dated February 26, the court in Mombasa reinstated Owour, national treasurer Kibibi Omery, and trustees Amin Iloti, Maskati Salim, and Mejumaa Chirao.

The reinstated officials said the judgement by Justice Monica Mbaru declared that he was not ‘a person in good standing for the union' and he could not continue to lead the DWU.

Mr Sang has been at the helm of the giant Dock Workers Union that generates at least 4.8 million per month from Kenya Ports Authority KPA workers for the last 20 years.

The new officials said yesterday that they took charge at the DWU headquarters in Mombasa on March 2 this year, even as Mr Sang kept away.

The registrar of trade unions registered Mr Owour as acting general secretary on February 27 this year, sealing the fate of Mr Sang in the over 3000-member union that collects over Sh4.8 million monthly in membership contributions.

The court declared that Mr Sang breached the union constitution and the Labour Relations Act.

Justice Mbaru also ordered the registrar, who was the second respondent in the case, to amend form Q, or the list of union officials, and revert the record of elected officials of the union as held on December 13, 2024.

The registrar was directed to undertake a forensic audit of the union in line with section 42 (2) of the Labour Relations Act and file a report with the union and the court within 30 days from the date of the judgement.

In this case, the claimants had sought an order directing that Mr Sang refund Sh52 million and other sums that may be confirmed by the forensic audit report to have been misappropriated.

“The removal of the claimants from the register of elected officials, including 14 claimants, is irregular, unlawful, and without justification,” Justice Mbaru noted. She ordered Sang to pay 50 per cent due to the claimants.

Sang had also removed nine ordinary members opposed to his leadership, which the court reinstated.

Owour and Omery claimed they were thrown out of office because they questioned the use of funds and tried to block Sang from borrowing huge loans.

“The union is now back in the hands of dockers, and we are not going to allow it to slip out. We thank the court for returning us to office,” Owour stated, claiming the union had harboured some ghost workers.

He said they were going to dismantle the union election board and appoint another one to ensure the union election slated for June 25 this year is free and fair.

Yesterday, Sang blamed some members of the Kenya Ports Authority (KPA) management for allegedly scheming to remove him from the union leadership but vowed to resist the frustration.

"It is some official of the KPA management, Salary and Remuneration Commission and Judiciary that are interfering with the union. Our members are just being used," said Sang. 

Mr Sang had been at the helm of the union since 2006, and he had last month declared that he would defend his seat in the forthcoming polls.

He had previously survived many wrangles, including one with the immediate former DWU chairman, Mr Mohamed Sheria, who lost his seat in the last union polls.

In 2015, Sang called a controversial strike over medical cover at the port, which cost 18 workers, including senior union officials, their jobs.

It was not clear yesterday whether Mr Sang would participate in the June polls after the court verdict that removed him from the helm.

Sang had also declared interest in the Mombasa senatorial seat after successfully contesting a parliamentary seat in Nakuru County in previous elections.

Mr Owour and his team have already launched their campaign on the “Chama kwa Mwanachama", rallying the port workers to elect a fellow docker as general secretary instead of someone from the management cadre or outside the port employment.

“We are ready to face our competitors, and we are telling dockers that for the first time, they should elect one of their own. Sang came from the KPA management, and previous general secretaries were from outside the KPA employment,” Owour stated.

Omeri said the court battle was not easy and commended union members and the court for the outcome, pledging to put measures in place to protect the members’ money.

“We are also going to push for the implementation of the Collective Bargaining Agreement (CBA) and other pending issues,” she said.

Justice Monica Mbaru declared that Mr Sang was not a person of good standing for the union after finding that there was a breach of the union constitution and the Labour Act by Sang.

The court ordered that the suspension of the five union officials by Sang be reinstated.

“The suspension of five claimants in this case is irregular, unlawful, and not justified,” declared Justice Mbaru.

Payment due to the National Executive Committee (NEC) from December 13, 2024, to date is to be processed and paid to the claimants, who are the union officials.