Kambi disowns 1997 salary deal with teachers

Labour Cabinet Secretary Kazungu Kambi (centre) addresses a news conference in his office after a meeting on June 25 2013. He said that the teachers' strike is illegal. He is flanked by FKE executive director Jacqueline Mugo (left) and COTU secretary general Francis Atwoli. PHOTO/PHOEBE OKALL   NATION

By BENJAMIN MUINDI

In Summary

• Labour Commissioner Sammy Nyambari said that Legal Notice 534 of 1997 — which is the basis of the on-going strike — had not been procedurally filed according to the Labour Relations Act.
• In 1997, the agreement was signed by Mr Phares Kuindwa (then the Head of Public Service), Mr Simeon Lesirma (then the Treasury PS) and Mr Justice Aaron Ringera (then Solicitor-General).
• The teachers were represented by Mr John Katumanga (then Knut chairman), Mr Ambrose Adongo (secretary-general) and National Treasurer John Bosco Mboga.

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The Labour Ministry Tuesday disowned an agreement signed between the government and the Kenya National Union of Teachers (Knut) in 1997 that the teachers want implemented at a cost of Sh47 billion.

Labour Cabinet Secretary Kazungu Kambi declared the strike called by Knut on Monday as illegal and said there was no agreement. He said the strike, which enters its second day Wednesday should be called off.

The strike disrupted learning in all government primary and secondary schools as teachers kept away from the institutions.

“Knut does not have a case and I would advise them to get a collective bargaining agreement. Going to the streets does not solve the issue but coming to the (negotiation) table solves almost all the issues,” Mr Kambi said as he invited them for talks to end the strike.

Asked to clarify, Mr Kambi said: “The teachers only have a gazette notice that they have been holding for a period lasting three or so different governments. This notice can be varied by anyone at any time.”

Labour Commissioner Sammy Nyambari said that Legal Notice 534 of 1997 — which is the basis of the on-going strike — had not been procedurally filed according to the Labour Relations Act.

Article 59 of that law, sub-section 5 states: “A collective agreement becomes enforceable and shall be implemented upon registration by the Industrial Court and shall be effective from the date agreed upon by the parties.”

The two spoke alongside Central Organisation of Trade Unions (Cotu) boss Francis Atwoli and Federation of Kenya Employers (FKE) head Jacqueline Mugo at the Ministry of Labour during the unveiling of a National Tripartite Committee.

Reacting to the development, Knut chairman Wilson Sossion dismissed the Cabinet Secretary, saying that Mr Kambi “knew nothing about the matter and that he should keep off.”

“It is clear that the government is now becoming political, and cheapening the matter. If the agreement is not valid, on what basis have we been negotiating with the Teachers Service Commission since last year?”

In 1997, the agreement was signed by Mr Phares Kuindwa (then the Head of Public Service), Mr Simeon Lesirma (then the Treasury PS) and Mr Justice Aaron Ringera (then Solicitor-General).

The teachers were represented by Mr John Katumanga (then Knut chairman), Mr Ambrose Adongo (secretary-general) and National Treasurer John Bosco Mboga.

Teachers’ salaries of teachers were to be raised by between 105 and 200 per cent. Then there were five allowances that were offered: House, medical, responsibility, special, hardship and commuter.

House allowance was pegged at 50 per cent of the basic pay, medical allowance (20 per cent), responsibility allowance (45 per cent), special (10 per cent), hardship (30 per cent) and automatic commuter allowance (10 per cent).

The agreement was to be implemented over a period of five years effect from July 1, 1997.

But this was not to be as only the basic salary was increased. The allowances were not.

“The government has already allocated teachers hardship and special school allowances based on that notice. Does it mean therefore the government committed an illegality?” Mr Sossion asked.

“When the strike gets harder, the government will soften its stand.”