Court Declares Lecturers’ Strike Illegal: Education CS to Meet Union Officials for Resolution

The Employment and Labour Relations Court has declared the nationwide lecturers’ strike illegal, offering a glimmer of hope for students and stakeholders in Kenya’s public universities. The ruling, delivered by Lady Justice Agnes Nzei, effectively restrains the University Academic Staff Union (UASU) and its officials from inciting members to participate in the unprotected strike that was set to commence on October 29, 2024. The judgment has added a fresh urgency to the situation, emphasizing the need for all parties to return to the negotiation table to expedite a resolution.

This article delves into the implications of the ruling, the underlying issues between the UASU and the government, and the anticipated meeting between Education Cabinet Secretary Julius Ogamba and union officials. Additionally, it examines the potential impacts on public universities and the broader Kenyan education landscape.

A Court Ruling with Immediate Repercussions

The Employment and Labour Relations Court’s decision brings a temporary reprieve to thousands of students in Kenya’s public universities who have been affected by the disruption of academic activities. The court declared the strike illegal, emphasizing the need for lawful engagement and adherence to agreed-upon procedures in dispute resolution. Justice Nzei’s ruling made it clear that UASU’s strike call was “unprotected” under the law, thus mandating that negotiations continue instead of industrial action.

The court also outlined that both parties should reconvene for further dialogue, prioritizing the interests of students and educational continuity. It ordered that all parties expedite the negotiation process to ensure the academic year resumes smoothly. This mandate underscores the importance of adhering to procedural guidelines in labor relations and sets a precedent for how such conflicts might be handled in the future.

The Root Cause: Discrepancies in the Return-to-Work Formula

At the heart of the dispute lies a discrepancy between the figures presented by UASU and those of the government. The return-to-work agreement, brokered in September, outlined a 7-10% salary increment for lecturers, a decision that aimed to address long-standing grievances regarding remuneration and working conditions. However, Education CS Julius Ogamba highlighted that the numbers did not match, revealing a gap of approximately Kshs 5 billion. This discrepancy has resulted in delayed implementation, leading to UASU’s decision to mobilize for a strike.

CS Ogamba, speaking during a Senate appearance, stressed the government’s commitment to resolving the dispute and acknowledged the need to reconcile the financial figures to find common ground. “The challenge between us (government) and UASU regarding the return-to-work formula is that we agreed on a 7% and 10% increment, but the figures differ by about Kshs 5 billion,” he said. According to the CS, the issue is now about finding middle ground to allow the increment to proceed as originally envisioned.

UASU’s Position: A Call for Government Accountability

The UASU, led by Secretary-General Constantine Wasonga, has remained steadfast in its demands, calling on the government to honor the 2012-2025 Collective Bargaining Agreement (CBA). The CBA outlined various benefits aimed at enhancing the welfare of academic staff, including salary increments, improved working conditions, and retirement benefits. The union argues that these improvements are crucial to ensuring that public university lecturers and staff can work under dignified conditions, promoting academic excellence and contributing to the nation’s development goals.

Wasonga reiterated UASU’s stance, urging the government to adhere to the agreed-upon return-to-work formula. “We have honored our end of the deal by returning to work after the September agreement. Now it is the government’s turn to fulfill its promises,” he stated. The union’s commitment to the strike, despite the court’s ruling, underscores the depth of the grievances held by university staff and the perceived lack of good faith from the government.

Implications for Public Universities

The ripple effects of this conflict extend far beyond the negotiating table. Kenya’s public universities have already experienced significant disruption, with many students facing uncertainty about the academic calendar and their future prospects. The lecturers’ strike impacts not only students but also families, the economy, and the credibility of Kenya’s higher education system. Frequent disruptions due to industrial action have raised concerns about the quality and reliability of education, potentially impacting international collaborations and funding for these institutions.

For students, the strike has been a source of frustration, as many have been forced to put their studies on hold. This is especially concerning for final-year students and those in competitive programs where delayed graduation could impact their future careers. With university education playing a vital role in preparing the workforce, a prolonged disruption could have long-lasting consequences for Kenya’s development trajectory.

What’s Next? The Path to Resolution

The court ruling has given the government and UASU fourteen days to respond to the notice of motion, with a further mention set for November 28, 2024. In the meantime, Education CS Ogamba is scheduled to meet union officials on Wednesday afternoon, a meeting that many hope will lead to a resolution. This meeting will focus on addressing the discrepancies in the agreed salary increment, which is seen as the crux of the current standoff.

CS Ogamba’s comments signal a willingness to negotiate, with both parties aiming to prevent a repeat of the situation that led to the strike in the first place. However, the negotiation process will require more than just reconciling figures. Both parties will need to rebuild trust and ensure that future agreements are respected to avoid similar conflicts down the line.

The Bigger Picture: Strengthening Kenya’s Higher Education System

This dispute highlights the larger challenges faced by Kenya’s higher education system. Underfunding, inadequate infrastructure, and low lecturer salaries are persistent issues that have led to frequent industrial actions over the years. For many lecturers, the latest strike represents not only an effort to secure better pay but also a call to address these systemic issues that hinder academic progress.

The government, for its part, has recognized the need for reforms and has been working on various initiatives to improve higher education. These include increasing funding for universities, improving oversight mechanisms, and creating frameworks for performance-based remuneration. However, without meaningful engagement with stakeholders such as UASU, these efforts risk falling short.

For Kenya to remain competitive on the global stage, it is essential that its higher education system is able to attract and retain qualified staff, offer quality education, and support innovative research. Addressing the issues raised by UASU will require long-term planning, political will, and financial investment from both the government and private sector.

Concluding Thoughts

The Employment and Labour Relations Court’s decision to declare the lecturers’ strike illegal has brought a temporary halt to a potentially disruptive action, but the underlying issues remain unresolved. As the government and UASU prepare to meet, all eyes will be on their ability to reach an agreement that not only addresses the immediate grievances but also sets a foundation for lasting peace in Kenya’s public universities.

For students, the court’s decision brings hope that they may soon return to their studies. For the lecturers, however, the meeting represents an opportunity to ensure that their demands are addressed in a meaningful way, securing better working conditions and fair compensation. As both parties strive to reconcile their differences, the ultimate goal must be to create a higher education system that serves the interests of students, staff, and the nation as a whole.