Teachers, employer in cat-and-mouse game

ILE | NATION
Knut chairman Wilson Sossion (left) and secretary-general David Okuta Osiany at a past press conference in Nairobi.

What you need to know:

  • It was unclear if the ruling would stop the teachers from starting the strike as they had not been served by late Friday evening.

Teachers’ union officials on Friday maintained that the planned countrywide strike on Monday was on in spite of the Industrial Court declaring it illegal.

Industrial Court Judge Pyrum Ongaya issued the orders following an application by the Teachers Service Commission (TSC), arguing that the strike notice issued by the Kenya National Union of Teachers (Knut) was unconstitutional.

But the commission’s lawyers could not find the Knut officials to serve them with the court order after they closed all their offices and took off.

Kenya Union of Post-Primary Education Teachers (Kuppet) officials in Laikipia and Nakuru maintained that the strike was still on.

We urge all the teachers to keep of school premises. Do not report even for staff meetings unless we advice you otherwise,” said Mr Ndungu Wagenye, the union’s Laikipia branch executive secretary.
Mr Ndungu’s sentiment was echoed by his Nakuru counterpart, Mr Gakau Mbugua.

In Kilifi, teachers vowed to stay away from classrooms when schools open.

The Knut chairwoman in Kilifi, Ms Agnes Kadzo Unda, said that the union will mobilise teachers throughout the county to boycott classes on Monday.

“We shall not be left behind. We will join other teachers in the country to demand a pay increase. Without that there will be no learning,” she said.

But TSC chief executive Gabriel  Lengoiboni said teachers would be infringing on the court order should they go on strike and urged them to instead help the children who are preparing for their end-of-year examinations.

“The strike is ill-timed and will disrupt learning in our institutions. We therefore appeal to the teachers to be considerate enough and help our children,” said Mr Lengoiboni.

He appealed to the teachers to withdraw the strike notice and give room for dialogue. He said the commission was ready to sit down and negotiate with the unions.

“We are not in any dispute because we have not reached any stalemate. We appeal to our teachers to let us dialogue,” Mr Lengoiboni told the press at the TSC offices in Upper Hill, Nairobi.

On Friday Justice Ongaya ruled that public interest outweighs individual interests and that the rights of students and pupils who are scheduled to sit their final end year exams are more important than the teachers’ demands.

“An order is hereby issued restraining the teachers’ unions (Knut and Kuppet) and their members from taking part or inciting others to take part in unprotected strike until this application is heard and determined,” ruled Justice Ongaya.

It was unclear if the ruling would stop the teachers from starting the strike as they had not been served by late Friday evening.

The TSC, through lawyer Allan Sitima, went to court under certificate of urgency claiming that the planned strike by Knut and Kuppet was in contravention of the established dispute resolution mechanisms.

The commission argued that the intended strike would result in grave and unwarranted disruption of learning in all public schools and affect the national examinations set to begin on September 15 and that the strike would undermine the spirit of Article 53 (2) of the constitution.

“The timing of the strike is in bad faith since it will not only cripple learning in public schools but also delay the full implementation of the TSC Act without any legal justification,” said Mr Sitima.
Earlier yesterday, two parents moved to court to stop the planned teachers’ strike.

Ms Vallerie Namtilu Wafula and Ms Susan Wangari Muhoro argued they had children who were candidates in the forthcoming national exams and who will be greatly affected if the teachers go on strike.

They want Knut and Kuppet restrained from leading their members into a nationwide strike until the case is heard and determined.

The parents submitted that the intended strike will prejudice their children who are in public school and give advantage to private schools.

Through lawyer Osoro Juma, the parents argued that the Constitution has established the Salaries Remuneration Commission which will advise the TSC on the mechanisms of raising teachers’ salaries.

Meanwhile the Catholic church, through its Commission for Education and Religious Education, has told teachers to give dialogue a chance before going on strike.

The chairman of the commission, The Right Reverend Maurice Muhatia Makumba, said the church was concerned about the strike.

“We are appealing to the teachers to reconsider their position. We call on the government to initiate dialogue with the teachers unions and arrive at a lasting solution to the salary issue within the shortest possible time to avert further antagonism” said Bishop Muhatia in a statement he issued in Nakuru town on Friday.

Reported by Paul Ogemba, Sandra Chao, Francis Mureithi and Peter Obuya.