KUPPET Caught Between a Rock and a Hard Place Over TSC’s Implementation of 2021-2025 CBA

The Kenya Union of Post Primary Education Teachers (KUPPET) finds itself in a precarious position after the Teachers Service Commission (TSC) moved to implement the second phase of the 2021-2025 Collective Bargaining Agreement (CBA). Teachers received their August salaries in full, with arrears backdated to July 1, 2024, reflecting the pay hikes outlined in the CBA. However, KUPPET remains steadfast in its demands, continuing with its strike despite the TSC’s actions and a court ruling that declared the industrial action illegal.

The government’s release of Sh13.5 billion to fund salary increments ranging from Sh1,000 to Sh3,000 across all teaching cadres was a critical step by TSC to address longstanding grievances. However, KUPPET has warned that teachers “are not to be taken lightly” and insists that the strike is protected under the Constitution and the Labour Relations Act 2007, which safeguards workers’ rights to union activities. KUPPET Secretary General Akello Misori has asserted that the union followed due process, making the strike legitimate and lawful.

The TSC’s strategic decision to implement the CBA and backdate salary arrears appears to have been a calculated move to weaken the unions’ resolve. The commission’s approach also included convincing the Kenya National Union of Teachers (KNUT) to call off its strike notice, highlighting promotions for over 51,000 teachers and agreeing to implement the second phase of their CBA. With KNUT suspending its strike, KUPPET remained firm, resulting in disrupted learning in many public secondary schools as students returned to classes.

KUPPET’s key demands include the full implementation of the CBA, enhancements to teachers’ medical cover, promotions for teachers who have stagnated in job groups, and permanent employment for Junior Secondary School (JSS) teachers. However, TSC’s decision to seek legal intervention further complicated matters for KUPPET, with the Labour and Industrial Court declaring the strike illegal on Tuesday, August 27, 2024. The court’s ruling caught KUPPET off guard, and TSC demanded compliance with the order to cease the strike.

In a letter addressed to KUPPET’s Secretary General, TSC’s Director of Legal, Cavin Anyour, emphasized that the union must call off the strike in line with the court’s directive. Anyour further suggested that ending the industrial action would allow for a fresh round of bipartite negotiations to address any unresolved issues. This stance was in response to a letter from KUPPET, in which the union appeared to soften its earlier hardline position, indicating a willingness to engage in discussions to find a resolution.

Despite this, KUPPET’s leadership has maintained a defiant stance, urging its members to continue with the strike. Misori accused TSC of acting in bad faith by trivializing the issues raised by teachers through legal maneuvers. He stressed that KUPPET would not be coerced into negotiations out of fear, accusing TSC of attempting to silence the union’s voice.

The Labour Court’s order remains in effect, pending further proceedings set for September 5, 2024. Misori acknowledged the receipt of the court’s injunction but emphasized that KUPPET’s interpretation of the ruling was still pending legal consultation. Until then, the union’s official position remains that the strike is ongoing, and any resolution will be pursued through a formal return-to-work formula.

The impasse between KUPPET and TSC underscores the broader tensions within Kenya’s education sector, as both sides navigate legal, financial, and strategic challenges. As the situation develops, the future of the ongoing strike and its impact on public education in Kenya hang in the balance.