The top organs of two giant teachers unions have endorsed the 26th August strike amidst divisions from teachers.
A section of junior school intern teachers have vowed to defy the strike call by reporting to work when schools reopen for third term.
Another section of primary school teachers have also distanced themselves from the strike called by the unions calling them ‘fake’ and not representing them.
The Kenya National Union of Teachers (Knut) top decision-making organ has today endorsed the nationwide teachers’ strike that will kick off on August 26, 2024 when schools re-open.
Already the Kenya Union of Post Primary Education Teachers (Kuppet) National Governing Council (NGC) led by its Secretary General, Akello Misori met on Thursday at the Kasarani Gymnasium where they declared 26th August as strike commencement date.
The Knut National Executive Council (NEC) decision was made today Friday at the union headquarters in Nairobi, after consultations with the 110 branches countrywide in the last one week.
The Knut decision comes a day after the union formally registered a dispute with the Teachers Service Commission (TSC) with failure to factor in Sh13.3 billion into the supplementary budget for the implementation of phase two of the 2021-2025 Collective Bargaining Agreement (CBA) being top of the dispute.
Mr Collins Oyuu, the Knut Secretary General stated in a letter to the Cabinet Secretary for Labour and Social Protection Alfred Mutua, and copied to his Education counterpart that TSC had failed to respond to issues seven days after they were formally highlighted to them by the union.
The Knut move also comes a day after the sister union, the Kenya Union of Post Primary Education Teachers (Kuppet) National Governing Council gave the green light for the strike to be rolled out in the second and last term of the term which starts in two weeks’ time.
The strike threats comes as new Labour Cabinet Secretary Alfred Mutua called for calm, promising quick action.
“The new Cabinet Secretaries are quickly being briefed on various issues, and I have been in discussions with them to engage in dialogue as soon as possible to address the concerns raised by various unions. I urge the unions to allow a little time for the new Ministers to review these issues and engage with them promptly. I am confident that the unions, which represent the interests of workers, are aware of the current economic, social, and political situation in the country. I believe they are patriotic and forward- thinking and therefore urge them to embrace dialogue,” said Dr Mutua in a statement.
The dispute relates to failure by TSC to implement phase two of the 2021-2025 amended CBA signed between TSC and Knut, failure to remit Third-party deductions accrued to teachers’ respective organizations.
It also includes conversion of 46,000 Junior School teachers to Permanent and Pensionable terms and employment of 20,000 new teachers, promotion of 130,000 stagnated teachers on various job grades.
TSC is also accused of failure to remit capitation to the Medical Insurer which has led to Service Providers denying sick teachers and their families.
“On 12 August, 2024, we wrote a letter Ref: KNUT/TSC/60/66/2024 to the TSC reminding them of an earlier letter Ref: KNUT/TSC/60/62/2024 dated 5th August, 2023 which was requesting for a meeting between KNUT and TSC” Mr Oyuu stated.
“TSC responded on August 6, 2024 informing us that they would revert after internal consultations on the matters raised are finalised This demonstrates that TSC is unresponsive, and unwilling to embrace the available dispute resolution framework… The position taken by TSC to ignore demands by teachers has demoralized and angered them,” Mr Oyuu stated in the letter dated August 14, 2024.
In a press statement at the union’s headquarters, Mr Oyuu said that beginning midnight of August 25, 2024, “all schools shall not be attended to by teachers in the entire Republic.”
“The Knut NEC has further directed that all Branch Executive Councils mobilize to have total withdrawal of labour in all schools in the 110 Branches of Knut until the matter is resolved and the strike action is called off by the Secretary General as provided for under the law,” said Mr Oyuu.
The union also pointed out that third-party deductions, including teachers’ bank loans, Sacco contributions, burial and benevolence funds, and NSSF contributions, have not been remitted for five months.
“Where is the money? We refuse to let auctioneers invade the homes of our teachers because for the past five months, bank loan deductions, Sacco contributions, both savings and loans, Burial and Benevolence Fund deductions, Teachers Education Fund savings and loans, and NSSF contributions have all gone unremitted,” said Mr Oyuu.
Mr Oyuu stated that Phase two of the CBA signed in 2021 and an addendum in 2023 becomes effective on July 1, 2024 with phase one – covering salaries and allowances for the teachers – having been implemented already. The CBA was to be implemented in two phases.
“The teachers’ medical scheme should be adequately funded and the TSC should remit regularly the Third Party deductions, including the National Social Security Fund (NSSF), bank and Sacco loan recoveries and taxes” Mr Oyuu said.
Despite intense lobbying by Knut and Kuppet to have the money for the implementation of the CBA that was negotiated, signed and deposited at the Employment and Labour Relations Court (ELRC) factored into the budget, Parliament and the National Treasury did not heed the calls.
President Ruto signed into law the Supplementary Appropriation Bill, 2024 a week ago, reducing government expenditure plans for the 2024-2025 Financial Year by 145.7 billion drawn mostly from the Executive (Sh 139.81 billion), Parliament (Sh 3.7 billion) and Judiciary (Sh 2.1 billion).
A total of Sh18.7 billion has been allocated for confirmation of 46,000 intern teachers, Sh30.7 billion for capitation of Junior Secondary School (JSS) students including those transitioning to grade nine.
At the same time, Sh23 billion has been allocated for universities for Differentiated Unit Cost funding model, Sh31.3 billion for Higher Education Loans Board for scholarships and loans and a further Sh17 billion to the University Funding Board for scholarship to university students.
Mr Oyuu led KNUT officials including, Mr Patrick Karinga, the union national chairman, Mr James Nduku, the national steering members in the meeting with Dr Mutua at the NSSF buildings early in the week where the raft of issues that have caused conflict were discussed.
“Even though the government is faced with a cash crunch with rejection of the Finance Bill, 2024, I will meet the TSC leadership to address the issue and we should be able to find a solution within the next one week” Dr Mutua told the unionists.
Dr Mutua who was accompanied by Principal Secretary for Labour Shadrack Mwadime, said he would collaborate with fellow Cabinet members and relevant government agencies to address the standoff.
“The union raised several key issues including the delay in implementing the second phase of the 2021-2025 CBA which promised a salary increment of 7-9 per cent, as well as concerns about the teachers’ medical scheme, non-remittance of Sacco and loan deductions, and delays retirement payments” Dr Mutua stated.
The planned strike would happen at a time when the schools are preparing to hold national examinations in the third and last term of the year.
Speaking during the extraordinary National Governing Council meeting, Mr Misori noted that the first phase of the CBA Addendum was dated back to July 2023 and implemented in August.
“Teachers missed their salary increment for July 2024 and the Teachers Service Commission (TSC) has turned a blind eye and ear to our demands, ignoring our pleas for better working conditions and fair compensation” Mr Missori stated.
“This blatant disregard for the wellbeing of teachers is unacceptable and can not be tolerated any longer. We deserve better, we deserve to be heard, and we deserve to be treated with respect” Mr Missori stated.
Mr Missori said, “TSC has compromised our Medical Insurance cover, putting out health and well-being at risk. Many hospitals no longer honour the medical schemes for the teachers”