The talks between the Teachers Service Commission (TSC) and teachers’ unions aimed at forestalling a nationwide strike next week ended in disarray yesterday after union officials came out of the negotiation room to accuse the employer of failing to meet all their demands.
They announced that the strike that is meant to start on Monday next week is still on since their employer only offered to implement Phase II of the 2021 – 2025 collective bargaining agreement (CBA) but failed to meet the other demands of the unions.
TSC boss Nancy Macharia said that the delay to implement Phase II was caused by budget cuts across government ministries and agencies but the money had been released by the National Treasury and that teachers will receive their August salaries with the increment paid in arrears from July 1, 2024.
However, an hour later, the TSC commissioners led by chairperson, Jamleck Muturi John, and the CEO Ms Macharia addressed a separate press conference and said that all issues had been settled and that the unions should call off the strike.
“The commission confirmed that it had received the full budgetary allocation for the CBA. Accordingly, teachers would receive their full benefits and arrears for July in their August payslips. The commission assured us the payroll was to be concluded later today for teachers to receive their salaries immediately. However, the commission was evasive on the following core demands,” said Kuppet secretary-general Akello Misori.
He added that the commission had made communication during negotiations difficult and that the union as well as Knut would consult their respective national governing council and national executive council on the way forward.
“Given the foregoing, the strike notices issued by Kuppet and Knut remain in force. The unions will mobilise their members, parents and like-minded Kenyans to join the fight for teachers’ labour rights and the rights of Kenyan children to quality education. We assure all stakeholders including parents and members of the school communities that the strike starting on August 26 is protected under the law. From midnight of Sunday August 25 when the notices expire, all teachers should withdraw their labour until their grievances are fully addressed,” reads the joint statement also read by Knut boss, Collins Oyuu.
However, the position contradicts the TSC statement read by Ms Macharia that states that the unions had agreed to consult their internal organs with a view to withdrawing the strike notice.
“We, therefore, wish to thank the unions for engaging the commission to ensure non-disruption of learning in schools during third term,” said Ms Macharia.
The chaotic nature of the negotiations was evident from the beginning and even after. Top officials of Kuppet and Knut immediately protested the presence of officials from the Kenya Union of Special Needs Education Teachers (Kusnet) in the hall.
“Each union was invited independently but they put us in one hall, including Kusnet who have not registered any trade dispute with the TSC or the Ministry of Labour. They haven’t made any demands or issued any strike notice. However, we relented and the talks began,” an official told Nation . The union officials also demanded to know why there were no representatives from the National Treasury as directed by President William Ruto on July 16 when he asked the parties to engage in talks to ensure that learners open for third term without any hindrance.
The negotiations that were meant to start at 11.30am at the Kenya School of Government in Lower Kabete were delayed up to about 12.30 pm as the parties engaged in what they described as “climate setting”.
When the talks finally began, the parties had three breakout sessions to consult over contentious issues. Kuppet and Knut officials would conferred jointly outside while Kusnet would be on their own. They loudly protested discrimination by Knut and Kuppet. The TSC commissioners remained in the hall. By 2pm, it was all over.
Apart from implementation of Phase II of the CBA, the list of demands by Kuppet and Knut includes; promotion of 130,000 teachers they say have stagnated in the same job groups for long and conversion of 46,000 teachers on contract to permanent terms.
Other demands are proper administration of teachers’ medical cover, remittance of third party and statutory deductions, commitment to a new round of negotiations for a new CBA and a review of the career progression guidelines.
