Teachers' strike persists as KUPPET defies court order

The Central Organisation of Trade Unions (COTU) has asked the Teachers Service Commission (TSC) to engage the striking Kenya Union of Post Primary Teachers (KUPPET) with a view to drafting a return-to-work formula to end the strike.

COTU’s sentiments come as the union's leadership maintained that the ongoing strike will only be resolved through negotiations and a return to work formula, and not through the court route taken by TSC.

For the third day in a row, post-primary school teachers are digging in as their strike continues to bite. In the streets and in the often empty classrooms, the impact of the industrial action is becoming more evident with each passing day.

The strike has become the subject of a court case, with the Employment and Labour Courts asking the union to halt their action pending the hearing of a case brought before it by TSC. The court order has triggered a reaction from COTU, which is now urging the TSC to act fairly in the dispute.

 “TSC must humble itself and sign the agreement without any delay. If they depend on this court order, they are trying to put out a fire before it starts. The house is already on fire; it is overtaken," COTU Sec-Gen Francis Atwoli said.

COTU’s sentiments mirror those of KUPPET, which insists that the court order has little impact on their ongoing strike.

“They have moved to court in bad faith and in an adversarial mode. They don’t want to address why teachers are on strike," KUPPET Secretary General Akelo Misori said.

TSC has also been accused of neglecting its duties towards Kenya’s teachers. KUPPET’s leadership claims that their employer has failed to act on the provisions of the CBA of 2021-2025.

"Teachers have not been promoted, we have them serving in acting capacity," said Misori.

Both COTU and the teachers’ unions have criticized the TSC’s leadership for its high-handedness in handling teachers' issues during the strike.

“Madam Nancy (Macharia) must agree to sit with the teachers’ union. If the TSC wants to bully teachers, we can also find ways to hold them accountable. If they bully us, we will hold them accountable," said Atwoli.

“They are treating teachers like paper and not human beings. How can a teacher teach when their mental health is not okay?” Misori posed.

KUPPET says it is awaiting advice from its lawyers but remains open to continuing talks to reach a return-to-work formula as soon as possible.

However, the TSC maintains that the court order is in effect, making any continued participation illegal and stripping the union of its court protection. Consequently, the TSC says it is dispatching field monitors to record those disobeying the court orders.

The union also acknowledged the Ministry of Education’s pledge to employ JSS teachers on permanent and pensionable terms with the release of Ksh18.7 billion.

A total of 46,000 JSS teachers will be absorbed, with 20,000 of them having their contracts renewed by four months before they are permanently employed.

The teachers’ salary increment arrears for July and August are set to be cleared this month.

Speaking in Migori County on Thursday President William Ruto announced the government has released Ksh.13 billion to pay teachers' salary arrears in the next two days, fulfilling the terms of the CBA that the government signed with KNUT and KUPPET.

"At the end of this month, all your dues will be paid so that you can continue teaching our children," Ruto said.

At the same time, Ruto urged Junior Secondary School (JSS) teachers on contract to be patient as the government transitions them from intern to permanent employment terms.

"The Teachers Service Commission (TSC) and the Ministry of Education are putting measures in place to ensure the confirmation of all JSS teachers," he said.

Post-primary school teachers across Kenya commenced their nationwide strike on Monday after the government failed to address their grievances. 

The strike began on the first day of the third term, with teachers staying away from classrooms and taking to the streets in protest. 

Despite pleas from the government for the union to call off the industrial action and return to schools pending further discussions, the strike continues.