Why Kuppet finds himself in a difficult situation.
Kuppet is in a difficult situation as a result of TSC’s decision to enact the 2021–2025 Collective Bargaining Agreement, which details teacher salary increases.
One of the main causes of the teachers’ strike was the CBA’s delayed implementation, which came about in response to tutors’ demands for its complete implementation.
The government has allocated Sh13.5 billion to guarantee salary increases for teachers in all cadres, ranging from Sh1,000 to Sh3,000.
This comes as the Kenya Union of Post Primary Teachers, which is announcing that its members are on strike, issued a warning to the employer on Friday, stating that “teachers are not to be taken lightly.”
The union emphasized on Friday that the Labour Relations Act of 2007 and the Constitution, which protect employees’ rights to create, join, and take part in union operations, protect the strike.
“The strike is still in effect because we adhered to the proper procedures and are protected by law,” Kuppet secretary general Akello Misori declared.
It has now come to light that the teaching Service Commission, which tried to backdate the CBA to July in order to execute it, may have taken a first swing at the teaching unions.
Kuppet is in a difficult situation because teachers have received their August salary in full by Friday, with arrears under the CBA backdated to July 1.
TSC successfully persuaded the Kenya National Union of Teachers (Knut) to revoke its strike notice in yet another cunning maneuver.
Knut maintained that TSC had demonstrated goodwill by promoting 51,232 teachers and consenting to carry out their CBA’s second phase.
Following Knut’s suspension of its strike notice, Kuppet persisted in its efforts, with authorities halting instruction in the majority of public secondary schools as students returned to class on Monday.
The fact that TSC was able to split the teachers unions and place Knut members—primary school teachers—in schools to provide services was viewed as a significant victory.
Kuppet insisted on the complete implementation of the CBA, increased benefits for teachers’ health insurance, promotions for teachers in job groups who had stagnated, and permanent employment for JSS instructors.
Kuppet’s preparations for a lengthy industrial action were, however, derailed by TSC’s decision to file a lawsuit on Tuesday, after the Labour and Industrial Court’s ruling that the strike was unlawful.
According to reports, TSC caught Kuppet off guard with the directives, demanding that the officials follow through and end the strike, which is now in its fifth day.
On Thursday, TSC acted tough after turning down Kuppet’s request to negotiate a settlement rather than go via the legal system.
The Commission insisted that the Union must end the strike first in accordance with the court ruling that was given on Tuesday to do so in a letter addressed to KUPPET Secretary Akelo Misori.
The TSC Director of Legal, Cavin Anyour, signed a letter urging the Union to end the strike because the commission had already addressed every issue the union had previously brought up.
“The Commission maintains that in order to allow the parties to proceed with the bipartite negotiations on any outstanding grievances, the Union must comply with the court’s order and withdraw the ongoing industrial action,” he stated.
According to Anyour, the decision will pave the path for new negotiations to address any other issues brought forward by the teachers union.
In response to Kuppet’s letter, which called for a cooperative resolution to the union’s grievances with the employer, the union seemed to be softening its position against TSC.
In the letter dated August 29, Kuppet made it clear that, given the court’s ruling on the industrial action, it was unwilling to carry on with a protracted confrontation with the commission.
The letter to TSC CEO Nancy Macharia states, “Given the fast-moving nature of the strike, especially the court proceedings instituted by the commission, we would wish to handle the matters with you to avoid any protracted battles.”
This represents a change from Kuppet’s harsh stance from Wednesday, when they disobeyed a court order to end their strike.
On Friday, however, Kuppet urged its members to carry on the strike, denouncing TSC for supposedly attempting to stifle union members’ voices.
By downplaying the strike and the concerns voiced by teachers through court orders—which, according to Misori, have been misconstrued—Kuppet claimed that the TSC had acted in bad faith.
“We’re not going to bargain from fear. TSC needs to realize that this is not a small problem. We formally requested a meeting and drafted a letter in response to the TSC’s informal request for confirmation of our sincerity. But we soon realized that their true goal was to extort us,” Misori remarked.
The strike was ruled unlawful by the labor court on Tuesday.
“Pending hearing and determination of the application inter parties, an order of temporary injunction is granted to the petitioner, restraining the respondent, its officials, members and employees from withdrawing labour or participating in industrial action,” Justice James Rika stated.
September 5, 2024 is the date he set for the matter’s mention.
On Wednesday, Misori confirmed receiving the court order and stated they had taken a step back to consult with their attorneys over its interpretation.
Our statement to members is that the strike is underway, pending that interpretation. We will solely use a return-to-work formula to resolve any difficulties pertaining to the strike, stated Misori.
Why Kuppet finds himself in a difficult situation.
