Education Cabinet Secretary (CS) Nominee Julius Migos Ogamba has expressed hope that teachers will consent to deferring the second phase of the Collective Bargaining Agreement (CBA) 2021-2025 with the Teachers Service Commission (TSC). Ogamba highlighted the government’s constrained financial resources following the withdrawal of the Finance Bill 2024 and the court’s declaration that the Finance Act 2023 is unconstitutional. These developments have significantly impacted the available resources, prompting the need for a deferment.
During his vetting before Members of Parliament, Ogamba underscored the potential repercussions of not implementing the CBA, including the possibility of a teachers’ strike. He emphasized the necessity of engaging in transparent and constructive dialogue with the teachers’ unions to devise viable solutions. “We should have a clear and forthright discussion with unions and come up with solutions because they also live in this country,” he stated.
Ogamba pointed out that during the Covid-19 pandemic, the teacher unions and the TSC reached an agreement to sign a non-monetary CBA, acknowledging the financial constraints of that period. This past cooperation gives him hope that the unions will understand the current fiscal challenges. “It was not possible to sign a monetary CBA at the time. It gives me hope that these are Kenyans and they see the situation on the ground,” he remarked. “We will agree and come up with a working return formula even if it is to defer some of their demands so that they do not go on strike.”
The warning signs of potential industrial action have been apparent for some time. A house committee previously cautioned that teachers might resort to strikes due to the government’s decision to slash the recurrent budget of TSC by Ksh10.2 billion. This significant reduction in funding includes Ksh10 billion allocated for the CBA’s implementation, as outlined in the Departmental Committee on Education’s report on the Financial Year 2024-25 Supplementary Budget Estimates No. 1 for the Ministry of Education and TSC.
Committee chair Julius Melly noted that the budget cuts imply that teachers will not receive the salary increments envisaged in the CBA, potentially sparking industrial unrest. “The implication of this is that teachers will not receive salary increments envisaged in the CBA,” Melly stated in the report. He further warned that such unrest could disrupt teaching and learning in public schools and lead to legal disputes. “Industrial unrest is something which this government may not wish to deal with at this time given the current uneasy situation in the country hence the need to ensure that this allocation is provided,” the committee advised.
The looming threat of a teachers’ strike amidst the government’s financial difficulties presents a complex challenge. The government must navigate this delicate situation by balancing fiscal responsibility with the need to honor commitments made to teachers. The potential impact on education and the broader socio-economic stability cannot be understated.
In this context, Ogamba’s call for dialogue and deferment seeks to mitigate immediate tensions while finding a sustainable path forward. The willingness of the teachers’ unions to engage constructively will be crucial in averting a strike and ensuring continuity in the education sector. As the government and the unions prepare to negotiate, the focus must remain on achieving a solution that acknowledges the current fiscal realities while addressing the legitimate concerns of the teaching fraternity.
