The University of Nairobi (UoN) has directed both its academic staff and students to resume normal learning activities after a court ruling declared the strike called by the University Academic Staff Union (UASU) unprotected. This decision, issued by the Employment and Labour Relations Court on October 29, 2024, has significant implications for both the university community and the ongoing dispute between the institution’s administration and UASU.
In a circular dated November 7, 2024, UoN’s Deputy Vice-Chancellor for Academic Affairs, Ayub Gitau, reiterated the court’s ruling and called on all staff and students to return to their academic duties without delay. Gitau specifically emphasized that the strike, which was initiated by UASU in protest of various grievances, does not meet the legal requirements for protection under Kenyan labor laws. This means that the strike is deemed illegal and is not shielded from legal consequences.
Court’s Ruling on the Strike
The court ruling followed UASU’s announcement of a nationwide strike that was set to begin on October 29. The union’s demands centered around issues related to salaries, staff welfare, and academic freedom. However, the Employment and Labour Relations Court found that the strike lacked the legal protection that would shield UASU members from punitive actions.
In his ruling, the judge emphasized that the action taken by the union did not comply with the necessary legal procedures outlined under the Kenyan labor laws. As a result, the strike was not considered protected, and its organizers were prohibited from encouraging or inciting others to participate in any further strikes related to the ongoing disputes.
Consequences for Staff and Students
In light of the court ruling, the University of Nairobi has made it clear that any academic staff or students who choose to participate in the strike will face personal accountability. Staff members are explicitly instructed to resume their teaching and administrative duties, while students have been urged to attend their classes as per the university’s academic schedule.
The university’s management has also established monitoring mechanisms to ensure compliance with the court’s order. The Deans Committee, which is responsible for overseeing academic operations, has been tasked with ensuring that teaching and learning continue without disruption.
The university has further warned that those who disobey the court order may face disciplinary action. This includes possible legal repercussions, as the court’s decision makes clear that participation in the unprotected strike is a violation of both the court’s directive and university policy.
Ongoing Negotiations and Future Developments
While the strike may have been halted for the time being, the underlying issues that led to the dispute remain unresolved. The court’s ruling refers to the Return-to-Work formula, which was signed by UASU and the university administration on September 26, 2024. This agreement was meant to address the grievances raised by the union in a manner that respects the rule of law and encourages ongoing dialogue between both parties.
In line with the court’s direction, UASU and UoN are required to resume negotiations in good faith, with the aim of resolving the outstanding issues as quickly as possible. The court has also stipulated that UASU be given 14 days to respond to the Notice of Motion, which was filed on October 24, 2024. The issue will be revisited in court on November 28, 2024, for further mention, allowing both sides to present their positions and make progress toward a resolution.
Implications for the University Community
The ruling and subsequent call for the resumption of learning at UoN marks a pivotal moment in the ongoing labor dispute. For students, the message is clear: their education should not be interrupted, and they must adhere to the university’s instructions regarding class attendance. For academic staff, the court’s decision reinforces the importance of adhering to the legal framework governing industrial actions.
As the university community moves forward, both the administration and UASU face the challenge of resolving their differences through constructive dialogue. The court has made it clear that any future strikes must be conducted within the confines of the law, ensuring that academic activities are not disrupted and that the rights of both staff and students are respected.
With the next court session scheduled for November 28, the outcome of the ongoing negotiations and legal proceedings will likely shape the future of labor relations at UoN. Until then, the university’s call for the resumption of learning remains a critical step in maintaining stability and ensuring that the academic calendar proceeds without further disruption.
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