Students in public schools got relief on Friday when a court ordered striking teachers to return to class.
Employment
and Labour Relations Court Judge Nelson Abuodha directed the two
teachers’ unions to suspend the strike to give dialogue a chance.
“In
the interest of the children in public schools and their rights under
the Constitution, the court directs the unions to suspend for 90 days,
the strike that started on September 1, this year so their members can
resume duties immediately,” Justice Abuodha said.
And soon after the ruling, the government announced schools will reopen on Monday and close on November 20.
“Considering
that during the period of the pay dispute, there was little learning in
some schools while others did the full load as planned, it is directed
that schools that were fully on continue for the remaining portion of
the term. Schools that bore the full effect of the dispute will extend
the term by one week and forego the half term break,’ said Education
Principal Secretary Belio Kipsang.
But both the Kenya
National Union of Teachers (Knut) and Kenya Union of Post Primary
Education Teachers (Kuppet) declined to state whether or not they would
call off the strike, only saying they will meet on Monday to chart the
way forward.
Knut chairman Mudzo Nzili said they would
convene the National Executive Council (NEC) on Monday to decide their
next course of action.
“We shall be guided by the NEC,
though we know this is a court ruling and it is not debatable. We are
law abiding and we want to demonstrate to Kenyans that we respect the
rule of law,” he said.
Kuppet Secretary General Akelo
Misori said their National Governing Council will as well decide on the
next course of action on Monday.
“Though it is a
weekend, the strike is still on. We will meet on Monday then advise
teachers on the way forward,” said Mr Misori.
Meanwhile,
a showdown looms in Parliament next week when Cord MPs table a bill
seeking to have funds slashed from some key ministries to fund the
teachers’ salary increase.
Cord has formed team chaired
by Suba MP John Mbadi to propose amendments to the appropriations Act
and adjust non-priority areas in the 2015/16 budget, to raise the funds.
Mr
Mbadi said the amendments would raise more than Sh70 billion from the
laptop project, National Youth Service and Integrated Financial
Management Information System budgets he said are not a priority at the
moment.
MAIN PROMISES
The
laptop project, which was allocated Sh17.58 billion in the 2015/2016
Budget, was one of the main promises by Jubilee in its campaign.
In
his judgment, Justice Abuodha declined to state that the teachers
engaged in an unprotected strike, only directing the boycott to be
suspended for 90 days to enable dialogue.
Education CS
Jacob Kaimenyi was not available for comment but State Counsel Wanjiku
Mbiyu told court that the government would immediately publish a special
gazette notice revoking the previous one that directed closure of
schools. “We are going to advise the executive on the importance of this
judgment and the need to re-open the schools,” said Ms Mbiyu.
The
unions called the strike to push the government to implement a 50-60
per cent salary rise agreed with their employer and confirmed by Labour
Court Judge Nduma Nderi on June 30 this year.
Justice
Abuodha directed that the Teachers Service Commission (TSC) and the
unions assist Labour Cabinet Secretary to appoint a neutral and mutually
agreeable conciliator or conciliation committee within 30 days.
“The
parties are supposed to engage in conciliation in good faith limited to
exploring valuable modalities of implementing the 50-60 per cent pay
awarded by the Labour Court, bearing in mind the government’s fiscal
policies and budgetary cycle,” the judge said.
The
court as well directed TSC not to victimise or in any way take any
adverse action against union members for participating in the strike.
“Teachers should be paid full salaries and allowances without any deductions whatsoever,” Judge Abuodha said.
“Either
party shall, upon the expiry of the 90 days and failure to conciliate
the dispute as directed by this court, be at liberty to declare a trade
dispute and exercise of any of their rights as provided in the
Constitution,” he directed.
Justice Abuodha said when
the Court of Appeal declined to stop implementation of the salary award,
the unions were left with the liberty of using any lawful means to
agitate for what they deem as their members’ entitlement as awarded by
Justice Nderi.
The judge also noted that the teachers
strike had degenerated into a political dispute and urged the executive
and Parliament to reconsider the “ever festering wound” that the
teachers pay saga has since become.
“The matter of teachers strike has become like a ritual, every president since Mr Moi, must go through,” he noted.
“From
the era of Ambrose Adongo, through Francis Ng’ang’a and David Okuta and
now Mr Wilson Sossion, the mantra has been we want decent salaries for
our members,” Judge Abuodha observed.
Knut lawyer Paul
Muite asked the court for time to digest the judgment, prompting the
judge to direct that they appear before him on Monday to give the court
feedback.
Meanwhile, Knut and TSC appeared before Mr
Justice Nderi yesterday for a mention of an application the union filed
to have TSC officials as well as Cabinet secretaries for Labour,
Finance, Education and their principal secretaries jailed for failing to
implement the salary award.
FURTHER DIRECTIONS
Mr
Muite said lawyers for the parties had however agreed to have the
mentioned at a later date given Mr Justice Abuodha’s judgment which has
directed parties to negotiate. The case will now be mentioned on October
14, for further directions.
Mr Justice Abuodha said
blackmail, cajoling and “can’t pay, won’t pay attitude” only serve to
entrench positions and allow the dispute to relapse into fodder for
political opportunism. He said the strike is not good for either TSC or
the unions and creates a moral dilemma for teachers of leaving the
children to suffer.
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