Reprieve for teachers’ unions as court declines to issue order stopping ongoing strike

By AUGUSTINE ODUOR and FAITH KARANJA

Public schools opening dates remain unclear as the Industrial Court declined to issue orders ending the ongoing teachers' strike. The rival teachers unions - Kenya National Union of Teachers (Knut) and Kenya Union of Post Primary Education Teachers (Kuppet) - also resolved to work together in pushing for better pay.

In a major setback to the Government, the court declined to issue an order stopping the ongoing strike upon request by the Teachers Service Commission (TSC). Judge Nduma Nderi yesterday said the court 'has not stated that the strike is illegal' and that 'no orders have been released' on the same. "The application to consider the strike illegal has been differed today because both parties have to be placed into consideration," Nduma said. The development came as senior Government officials took to the media to explain why teachers must return to work. See also: ICC disowns killed Ruto 'witness' Education Cabinet Secretary Jacob Kaimenyi, TSC chairperson Lydia Nzomo and Labour Principal Secretary Ali Noor Ismail appeared on different media platforms and maintained that the strike is illegal. The Government maintained that most of teachers' demands had been met and that only the salary component is contested. The officials also explained that all allowances had been harmonised and that any salary review would be done after a thorough job evaluation. Members of Parliament also weighed in and asked stakeholders to end the stalemate. "For the sake of the children, we must stop unnecessary grandstanding and chest thumping. We must start talks immediately," said House Education committee deputy chairperson Julius Melly. Buoyed by the court decision, Knut and Kuppet top officials announced their 'unity strategy' to ensure teachers remain at home.

"From today, we shall tackle the Government from a common front. We cannot afford to be divided yet we are championing teachers' plight," said Knut Secretary General Wilson Sossion. "All future meetings must be dome with both unions present. We shall not be divided on this issue again," said Sossion.

Kuppet Secretary General Akello Misori said: "We have agreed to develop a common strategy to confront a common enemy with a common tool." The two leaders, for the first time, addressed the Press together. Misori revealed that their lawyers showed the much-needed solidarity in court, setting good precedence for their common strategy. In its petition, TSC claims that the teachers' strike is illegal, adding that it has paralysed the provision of educational services countrywide. TSC lawyer Cavin Anyuor, pleaded with the court to release the orders citing the interest of the children. See also: ICC disowns killed Ruto 'witness' "The petitioner is willing and praying the orders to be granted and the two parties can negotiate without coercion," said Anyuor. But the judge insisted that there is no court order yet stopping Knut and Kuppet from continuing with the strike. "It is always important for both parties to refer the matter to the Labour ministry for conciliation before seeking court intervention," Nduma advised. John Mbaluto represented Knut, while Judith Goserwa represented Kuppet. Kaimenyi and Sossion clashed over the Government's offer of Sh 9.3 billion. Speaking on a live television show, Kaimenyi said Knut is exercising the height of impunity by declining to respect court orders that declared strike illegal. "If indeed the court has declared the strike illegal, teachers have no choice but to obey. This is not a banana state," said Kaimenyi.

He said Knut did not follow due process of issuing seven days notice and noted that strike is unprotected. Sossion insisted that Knut issued strike notice to Labour CS on December 27, last year.

"He wrote back to us before expiry of seven days, acknowledging receipt of our letter. Since then, we have not been served with any letters," he said. Kaimenyi explained that all teachers' allowances had been harmonised to the tune of Sh 9.3 billion. "Even if we were to take up allowances, it is unfortunate that Salaries and Remuneration Commission is creating inequality and unfairness. Kaimenyi began enjoying house allowance of Sh200,000 this month, as the lowest paid teacher shall only get an increament of Sh200 on house allowance under their proposal. Don't the lowest paid teachers deserve decent houses as much as the CS?" wondered Sossion.