Hope for students as judge suspends teachers' strike

Students in public schools got relief on Friday when a court ordered striking teachers to return to class.

Employment and Labour Relations Court Judge Nelson Abuodha directed the two teachers’ unions to suspend the strike to give dialogue a chance.

“In the interest of the children in public schools and their rights under the Constitution, the court directs the unions to suspend for 90 days, the strike that started on September 1, this year so their members can resume duties immediately,” Justice Abuodha said.

And soon after the ruling, the government announced schools will reopen on Monday and close on November 20.

“Considering that during the period of the pay dispute, there was little learning in some schools while others did the full load as planned, it is directed that schools that were fully on continue for the remaining portion of the term. Schools that bore the full effect of the dispute will extend the term by one week and forego the half term break,’ said Education Principal Secretary Belio Kipsang.

But both the Kenya National Union of Teachers (Knut) and Kenya Union of Post Primary Education Teachers (Kuppet) declined to state whether or not they would call off the strike, only saying they will meet on Monday to chart the way forward.

Knut chairman Mudzo Nzili said they would convene the National Executive Council (NEC) on Monday to decide their next course of action.

“We shall be guided by the NEC, though we know this is a court ruling and it is not debatable. We are law abiding and we want to demonstrate to Kenyans that we respect the rule of law,” he said.

Kuppet Secretary General Akelo Misori said their National Governing Council will as well decide on the next course of action on Monday.

“Though it is a weekend, the strike is still on. We will meet on Monday then advise teachers on the way forward,” said Mr Misori.

Meanwhile, a showdown looms in Parliament next week when Cord MPs table a bill seeking to have funds slashed from some key ministries to fund the teachers’ salary increase.

Cord has formed team chaired by Suba MP John Mbadi to propose amendments to the appropriations Act and adjust non-priority areas in the 2015/16 budget, to raise the funds.

Mr Mbadi said the amendments would raise more than Sh70 billion from the laptop project, National Youth Service and Integrated Financial Management Information System budgets he said are not a priority at the moment.

MAIN PROMISES

The laptop project, which was allocated Sh17.58 billion in the 2015/2016 Budget, was one of the main promises by Jubilee in its campaign.

In his judgment, Justice Abuodha declined to state that the teachers engaged in an unprotected strike, only directing the boycott to be suspended for 90 days to enable dialogue.

Education CS Jacob Kaimenyi was not available for comment but State Counsel Wanjiku Mbiyu told court that the government would immediately publish a special gazette notice revoking the previous one that directed closure of schools. “We are going to advise the executive on the importance of this judgment and the need to re-open the schools,” said Ms Mbiyu.

The unions called the strike to push the government to implement a 50-60 per cent salary rise agreed with their employer and confirmed by Labour Court Judge Nduma Nderi on June 30 this year.

Justice Abuodha directed that the Teachers Service Commission (TSC) and the unions assist Labour Cabinet Secretary to appoint a neutral and mutually agreeable conciliator or conciliation committee within 30 days.

“The parties are supposed to engage in conciliation in good faith limited to exploring valuable modalities of implementing the 50-60 per cent pay awarded by the Labour Court, bearing in mind the government’s fiscal policies and budgetary cycle,” the judge said.

The court as well directed TSC not to victimise or in any way take any adverse action against union members for participating in the strike.

“Teachers should be paid full salaries and allowances without any deductions whatsoever,” Judge Abuodha said.

“Either party shall, upon the expiry of the 90 days and failure to conciliate the dispute as directed by this court, be at liberty to declare a trade dispute and exercise of any of their rights as provided in the Constitution,” he directed.

Justice Abuodha said when the Court of Appeal declined to stop implementation of the salary award, the unions were left with the liberty of using any lawful means to agitate for what they deem as their members’ entitlement as awarded by Justice Nderi.

The judge also noted that the teachers strike had degenerated into a political dispute and urged the executive and Parliament to reconsider the “ever festering wound” that the teachers pay saga has since become.

“The matter of teachers strike has become like a ritual, every president since Mr Moi, must go through,” he noted.

“From the era of Ambrose Adongo, through Francis Ng’ang’a and David Okuta and now Mr Wilson Sossion, the mantra has been we want decent salaries for our members,” Judge Abuodha observed.

Knut lawyer Paul Muite asked the court for time to digest the judgment, prompting the judge to direct that they appear before him on Monday to give the court feedback.

Meanwhile, Knut and TSC appeared before Mr Justice Nderi yesterday for a mention of an application the union filed to have TSC officials as well as Cabinet secretaries for Labour, Finance, Education and their principal secretaries jailed for failing to implement the salary award.

FURTHER DIRECTIONS

Mr Muite said lawyers for the parties had however agreed to have the mentioned at a later date given Mr Justice Abuodha’s judgment which has directed parties to negotiate. The case will now be mentioned on October 14, for further directions.

Mr Justice Abuodha said blackmail, cajoling and “can’t pay, won’t pay attitude” only serve to entrench positions and allow the dispute to relapse into fodder for political opportunism. He said the strike is not good for either TSC or the unions and creates a moral dilemma for teachers of leaving the children to suffer.