Labour court extends order stopping lecturers' strike

Lectures' strike still on despite court order

What you need to know:

  • Uasu had issued a strike notice on January 12 to the council chairs of 27 public universities.

  • had also threatened to go on strike if their 2013/2017 collective bargaining agreement (CBA) is not negotiated, determined and implemented from July 1, 2013 to June 30, 2017.

  • According to the forum, the strike would derail talks that started way back in 2012 and hence is unlawful.

Lecturers and non-teaching staff in public universities on Wednesday said they would go on strike on Thursday even as the High Court extended orders stopping the boycott.

University Academic Staff Union (Uasu) secretary-general Constantine Wesonga said the strike, to push for higher salaries and allowances, would go on until their demands are met.

At the University of Nairobi’s Chancellors Court, lecturers and non-teaching staff held a meeting to launch the boycott, singing songs of solidarity and chanting words of encouragement to one other.

The strike will involve members of the Kenya University Staff Union (Kusu), Uasu and the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (Kudheiha).

Members from the three unions said they were united in their push for higher perks, which comprise the collective bargaining agreement 2013-2017 drawn up by the universities, unions and government, which they say has never been implemented since it was drawn up six years ago.

Their aim is to have their basic salaries and house allowances increased by 50 per cent to match those of their counterparts in the region and the world.

Dr Wesonga said Education Cabinet Secretary Fred Matiang’i should be as enthusiastic with signing and implementing the CBA as he was during the overseeing of the recently marked and released Kenya Certificate of Secondary Education examination results.

CANNOT PLAY AROUND

“This strike must leave precedence for the government to know that you cannot play around with workers’ rights. This strike is aimed at restoring the dignity and sanctity of the university worker,” said Dr Muga K’olale, the national Uasu chairman.

Kusu trustee Elizabeth Wainaina said that the main reason for the strike was money. She said that she would like President Kenyatta to know that since the agreement was drawn in 2010, university workers have never enjoyed salary increases that others had received. Ms Wainaina led the disgruntled dons in a cheer, demanding more money and had taken the bullhorn, adding witty quips as the other speakers addressed their colleagues.

The lecturers showed support for the ongoing doctors’ strike, claiming to have taught the doctors well since they have not yet backed down on their stand. They also showed great disdain for a judge who purportedly insulted the doctors, whose strike is on the 46th day.

“Let the Chief Justice restrain his own judges, more so the lady justice from insulting the citizens of this country,” said Mr Mutura Mberia during the launch of the strike.

The dons feel that unlike other state corporations, public universities were left out of the deals made by the government and are not happy about their remuneration as they claim that even secondary school teachers, their students, earn much more than they do.

“An MCA will not earn more than a professor after tomorrow (Thursday),” said Dr Wesonga during the meeting.

STOPPING STRIKE

Mr Mberia, co-chair of the Inter-Public Universities Councils Consultative Forum, complained about internal interference with Kusu and Kudheiha, which made it more difficult for the unions to have their demands met. He also asked the government to deal with corrupt vice-chancellors who are stopping the signing and implementation of the agreement.

Workers were advised to avoid going to their offices in the various campuses and instead begin the strike. University of Nairobi staff will meet at the Chancellor’s Court at 8.30am to start the strike.

At the Milimani Law Courts, Justice Hellen Wasilwa extended orders stopping the strike, first issued on January 13, and directed the disputing parties to engage in negotiations before considering industrial action.

The Inter-Public Universities Councils Consultative Forum of Federation of Kenya Employers had sued Uasu following a January 12 strike notice to the council chairs of 27 public universities.

“I see goodwill to forestall the strike, I will encourage parties to continue with negotiations this week and in the meantime, the interim orders are extended,” said Justice Wasilwa.

Prior to the case being filed on January 12, Uasu had threatened to go on strike if their 2013-2017 CBA was not negotiated, determined and implemented from July 1, 2013 to June 30, 2017.

But the forum, through lawyer Grace Kanyiri, told the court that the strike would interfere with talks that had started in 2012 hence the need for it to be stopped for being unlawful.

CONSULTATIVE MEETING

“We have been holding consultative meetings and negotiations on the CBA which are yet to be concluded but are at a fairly advanced stage, the strike notice is in bad faith, amounts to sabotage and will hamper the deliberations,” said Ms Kanyiri.

The union, however, through its lawyer Titus Koceyo told court that the forum had failed to disclose that the disputed CBA is set to expire within the next six months yet it has not been acted upon for over four years.

He wanted the court to set aside the orders stopping the strike before agreeing with the judge to give room for talks set to be held within a two-week period, after which parties will have to report on the outcome of the negotiations.

“Uasu have been willing to talk from 2011, we send a proposal to the forum in 2012 but they now came up with a counter one on January 8, we are willing to sit down next week to talk,” Mr Koceyo said.

He had earlier insisted that the forum just like any other public institution is preparing their budgetary estimates which must be submitted by March to the Treasury hence the union feels there is an attempt to ensure the term expires without implementation of the CBA.

In the case documents, Uasu insists on a salary increment, saying their members are earning under terms that already expired in 2013.

“It is on the basis of the frustrations Uasu experienced around December 2016 that the Union informed the forum that it was considering invoking their right to withhold labour,” he said.

The Salaries and Remuneration Commission is listed as an interested party in the case but were not represented in court yesterday or had their documents on the suit filed.

Parties in the case were directed to appear in court on February 1 to give an update of the talks undertaken.