Dons press on with strike as they appeal order to resume work

University lecturers launch their strike on March 1,2018. The striking lecturers now want the court ruling last Friday that directed them to resume work suspended. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Justice Makau ordered the lecturers in the public universities to call off their strike and resume work by Monday.

  • The judge asked the vice-chancellors as well as universities not to victimise any of the lecturers.

  • However, the lecturers have filed their appeal through the Universities Academic Staff Union.

Striking university lecturers want the court ruling last Friday that directed them to resume work suspended.

In a case filed in the Court of Appeal in Nairobi Monday, the lecturers claimed that if the Employment and Labour Relations Court’s decision is executed, the matter will have been determined without granting them an opportunity to argue their case in a full trial.

“The orders made in the ruling are substantially similar and identical to the prayers pending in the main claim and thus amount to a summary determination of the matter without participation of the parties involved,” their lawyer, Mr Titus Koceyo, said.

On Friday, Employment and Labour Relations Court’s Justice Onesmus Makau ordered the lecturers in the public universities to call off their strike and resume work by Monday.

UNPROTECTED

While declaring the strike “unlawful and unprotected”, the judge asked the vice-chancellors as well as universities not to victimise any of the lecturers.

He also ordered the vice-chancellors and universities to present a counter proposal for the 2017-2021 Collective Bargaining Agreement to the Labour Cabinet Secretary within 30 days.

The judge further asked all the parties involved in the dispute to act in good faith and referred the dispute to the Labour CS to assist in resolving the matter in 60 days before a new conciliator.

UASU APPEAL

However, the lecturers, who have filed their appeal through the Universities Academic Staff Union, have faulted Justice Makau’s ruling, terming it an error to have the dispute being referred to a conciliator in the absence of a counter proposal.

Meanwhile, learning on Egerton University’s three campuses was Monday paralysed as the lecturers and other staff stayed away.

The workers intensified their strike, staging protests around the campuses. The workers from Uasu, Kenya Universities Staff Union (Kusu) and Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers joined forces in the strike.

“We presented our proposal a year ago and our employers were given nine months to present a counter-proposal which they ignored, we will not give them any more time. We are only going to talk when they present their proposal,” said Mr Ernest Wayaya, Kusu National Organising Secretary.