The Teachers Service Commission (TSC) has rejected the Kenya Union of Post Primary Education Teachers (KUPPET) request to end the ongoing strike. This development follows a court order issued on Tuesday mandating an end to the industrial action by secondary school teachers.
In a letter addressed to KUPPET Secretary Akelo Misori, TSC Director of Legal Labour and Industrial Relations, Cavin Anyour, emphasized that the union must adhere to the court’s directive and call off the work boycott. Anyour urged that compliance with the court order is crucial to resume educational activities and avoid further disruption in learning.
“The Commission’s position remains that the Union should comply with the court order and cease the ongoing strike. This will allow the parties involved to continue with bipartite negotiations to address any unresolved grievances,” Anyour stated.
The TSC’s stance underscores the urgency of resolving the strike that has significantly impacted the education sector. The Commission asserts that it has already addressed the grievances previously raised by the union, aiming to facilitate a renewed dialogue to tackle any additional issues.
One of the central issues in the dispute is the implementation of the Collective Bargaining Agreement (CBA). The TSC has announced that the government has allocated Sh13.5 billion for the second phase of the CBA, which includes settling teacher salary arrears from July 1, 2024. This financial provision was intended to address some of the key demands of the teachers, yet it has not sufficed to end the strike.
In response to the TSC’s position, Central Organization of Trade Unions (COTU) Secretary General Francis Atwoli has called for negotiations between the TSC and KUPPET. Atwoli criticized the TSC for relying on the court order as leverage, arguing that it should have engaged in negotiations before the teachers’ strike commenced. He emphasized that the court order’s effectiveness would have been more appropriate if issued before the strike began.
Atwoli’s remarks highlight the broader context of the dispute. He pointed out that the government’s commitment to addressing teachers’ grievances through the allocated funds should have prompted the TSC to negotiate a return-to-work formula with KUPPET. The lack of progress in these negotiations has led to continued strike action, affecting thousands of students and teachers across the country.
The Employment and Labour Relations Court in Nairobi issued the order to halt the strike after the TSC filed an application on Monday, August 26. The court’s decision mandates that KUPPET members return to work while awaiting further instructions, which are scheduled to be delivered on September 5, 2024.
The current standoff reflects the complexities of labor relations in Kenya’s education sector, where financial and administrative issues often intersect with legal and industrial actions. The ongoing strike has put immense pressure on educational institutions, raising concerns about the long-term impact on students’ academic progress and teachers’ working conditions.
As the situation unfolds, the TSC and KUPPET face the challenge of finding a resolution that balances the teachers’ demands with the need to maintain educational stability. The TSC’s insistence on adherence to the court order and the call for renewed negotiations highlight the critical need for effective dialogue and compromise in resolving labor disputes.
In conclusion, the rejection of KUPPET’s request to end the strike and the enforcement of the court order underscore the complexities and high stakes involved in this labor dispute. The coming days will be pivotal in determining whether the ongoing negotiations can lead to a sustainable resolution that meets the needs of both teachers and students.
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