Kenya: deadlock in union talks on strike over pay

The Kenya National Union of Teachers (KNUT) and the Kenya Union of Post Primary Education Teachers (KUPPET), two of EI’s national affiliates, began their strike over pay on Monday, 3 September. Teachers defied a court decision declaring their strike illegal and asserted educators’ right to strike. Following their strike, unions have entered negotiations with the Government but negotiations hit deadlock on Tuesday night, 4 September.

The talks had been suspended to give the Government time to consult, said the KNUT Chairman, Wilson Sossion. “The strike is still on as there is no return-to-work formula.”

Successful strike

KNUT informed EI that, on 6 September, the fourth day since the national strike kicked off, the action had been completely successful. No single teacher reported for work in schools, except the principals and head teachers who are responsible for taking care of the school properties.

The government insisted that the union calls off the strike before they start any negotiations with the union. However, the teachers refused not to strike so they had no choice but to initiate the talks with the union officials on Wednesday 5 September, and talks were still ongoing on today, 6 September.

Teachers’ strike despite contrary court orders

“We are not going to allow the government to hide behind the courts to elude its obligations and deny teachers their constitutional rights to ask for a better pay, and their right to organise,” said Sossion. “We were being lenient and generous when we were demanding that the government gives us a 300 per cent salary increase. But the decision to go to court makes us demand payment in full as a pre-condition before our members go back to class.”

He added that KNUT considers that the Industrial Court orders declaring the teachers' strike illegal were null and void: “The orders to us are immaterial. The strike is fully on.”

Teachers stayed away from their classrooms on 3 September as thousands of children returned to school for the third and final term.

Sossion said that the decision by the Teachers’ Service Commission (TSC) to go to court had angered teachers, who decided to continue with their industrial action and add new demands, which they want to be met before they can go back to class.

Teachers’ demands

Apart from the 300 per cent salary increase, to which the Government committed in 1997, but has not fulfilled yet, the union also seeks a responsibility allowance of 30-50 per cent for principals, school leaders, deputies and senior teachers as well as departmental heads. Sossion said the union will now demand the payment of 33 billion of Kenyan shillings in augmented pensions to more than 52,000 retired teachers.

KNUT demands include also: the harmonisation of teachers’ salaries with those of other civil servants; and the full implementation of the Legal Notice No. 534 of 1997 in regard to teachers’ allowances, such as the house allowance, the commuter allowance, and the medical allowance. The negotiated salaries following the 1997 national teachers’ strike were fully paid in five phases leaving the allowances unpaid.

The countrywide strike is also being supported by KUPPET, whose Secretary General, Akelo Misori, appealed for educators to stay out of schools until their demands are met.

Threats of disciplinary action by the TSC Secretary, Gabriel Lengoibon, had no impact on the education union members’ determination to go on strike.

Parents’ claimsEducation union leaders have also said they will ignore appeals from the parents’ associations’ Chairman, Musau Ndunda. He claimed that the strike would ruin the future of the pupils and students who are preparing to write their final examinations in a month's time. Education Minister Mutula Kilonzo said the union's decision to challenge the court order is a show of impunity which cannot be allowed.

Union officials described the court orders as a ‘political gimmick’. “How can such an order be issued in the middle of the strike?” said the KNUT Mombasa County Secretary, Dan Aloo.

KNUT Chairman Wilson Sossion insisted that the teachers were simply out to fight for their rights. He said that the union has have written to the minister seeking that he withdraws his remarks that teachers strike was politically motivated, within two days.

Negotiation

On 4 September, Education Minister Mutula Kilonzo stated that the 300 per cent salary increase demanded by the teachers is unreasonable. Mutula said the only money they can offer is that which is in line with the budget. However, he said he is open to dialogue with the education unions to come up with an appropriate amount to offer.

The next day, representatives from KNUT and KUPPET, together with officials from the Education Ministry, the Ministry of State for Public Service, the Finance Ministry, the State Law Office, and the TSC attended a meeting chaired by the Minister of Labour, John Munyes Kiyong'a. The meeting was aimed at determining the way forward on the ongoing teachers' strike.

Former Education Minister’s backing

The unions received support from former Education Minister Joseph Kamotho, who negotiated the pay deal with teachers in 1997. He indicated that the agreement should first be honoured before any new negotiations were undertaken. “The government urgently needed to address the issue to put it to an end,” he said.

He stressed that the Government should follow the Teachers Remuneration Act outlining the negotiation modalities between KNUT, TSC, and the Ministries of Education and Finance.

“The Teachers Remuneration Act has not been repealed, so the best thing to do is to implement the agreement as agreed through the Teachers' Remuneration Committee, before moving to the new Salaries and Remuneration Commission,” Kamotho said. “Because the Government will still have to honour that agreement, the sooner the better.”

He also noted the Government and TSC’s fault for declaring the strike illegal, saying they acted too late. “Why did it come after the (strike) notice had expired? You don't issue a court order when the notice has already expired, and that is why KNUT is saying it is illegal and they are right about that.”

EI: Respect for educators’ trade union rights

Education unionists’ right to strike and collective bargaining is inalienable, said EI Chief Regional Coordinator Assibi Napoe. “We commend Kenyan authorities for engaging in negotiations with our affiliates to reach for consensual agreements that government would indeed respect. We believe in negotiations, but nothing came up so far for our colleagues. It is sad that the teachers in Kenya have always been subjected to a fight before they can get what is due to them for the good of the children and Kenya.”

She said that Kenyan authorities must understand that providing educators with decent salaries and working and living conditions will improve quality education in this country. This will lead Kenya further on the way towards achieving the Millennium Development Goals, especially Education For All.

Video on Nairobi Teachers in Peaceful Street Protest: