Junior Secondary School teachers demonstrate along Kenyatta Avenue in Nakuru on May 13, 2024. A deal has been signed between the Teachers Service Commission and the teachers to end the strike.
Confusion has rocked the ongoing strike by Junior Secondary School teachers after conflicting statements were issued by lobbies
Kenya Union of Post Primary Teachers (Kuppet) had earlier stated that it brokered a deal between Junior Secondary School teachers and Teachers Service Commission (TSC) to end the strike.
According to Kuppet, TSC had agreed to hire the teachers on permanent terms in the next financial year to bring and an end to a three-week strike.
Kuppet Secretary General Akello Misori said the union and TSC agreed that all the show-cause letters issued to the striking teachers will be withdrawn.
The union said the JSS teachers are not members of a trade union and therefore could not “enter into a Collective Bargaining Agreement.”
“Punishing the teachers for participating in legitimate labour action would be counterproductive to the stability in the sector,” Mr Misori said.
Kuppet will “lobby parliament for the allocation of Sh8.3 billion for the 26,000 intern teachers to enjoy permanent and pensionable terms from July this year,” said Mr Misori.
“The Sh8.3 billion should cater for all intern teachers hired in January 2023,” he added.
But Saturday evening, a section of JSS teachers dismissed the return-to-work deal, terming it a “betrayal” by part of JSS leadership.
Misleading statement
The Kenya Junior School Teachers Association spokesperson Daniel Murithi claimed that on Friday, some officials were called for a meeting and urged to call off the strike without evidence of commitment by TSC.
“We rejected the offer and demanded to meet our employer who is responsible for such commitments that match our demands. However, we were shocked today to see Kuppet and some people who purport to be our leaders release a misleading statement,” said Mr Murithi.
According to Mr Murithi, the JSS teachers’ demands remain to be the confirmation of 46,000 intern teachers and, “any agreement or deal must engage the right parties. That is, TSC or Parliament through the labour committee.”
“We therefore urge all JSS teachers to wait for the planned meeting with the labour committee that will take place this week. The strike is still on until a formal agreement has been signed regarding all the 46,000 intern teachers,” he directed.
Last year, Kuppet demanded that the Sh4.68 billion earmarked for new recruitment should be spent “strictly” on permanent and pensionable employment, with further funds to be provided to convert the second cohort of teachers hired in September last year to permanent terms.
The National Assembly Committee on Education chairperson Julius Melly had earlier announced that Sh8.3 billion had been allocated to the TSC to employ on permanent and pensionable terms the 26,000 teachers who are currently on contract. That left out 20,000 others.
Mr Melly told the Budget and Appropriations Committee (BAC) that the TSC would employ the interns in July and not January next year.
“Beginning the next financial year, the Teachers Service Commission should streamline the recruitment process to ensure that resources assigned to this function is fully utilised,” Mr Melly said in submissions to the Budget and Appropriations Commission on the budget for the Ministry of Education for the financial year 2024/25.
“Further, the commission should convert the 26,000 interns to permanent employment beginning July 2024 and not January 2025 as proposed.”
Further, the committee wants TSC to within six months to evaluate the staff norms requirements for all institutions of basic learning for primary, junior and senior school in order to assess the optimal number of teachers required to guide future resource allocation for recruitment of teachers as well as their deployment. Mr Melly who appeared before the BAC chaired by Kiharu MP Ndindi Nyoro, said TSC will require Sh8.3 billion for convert contracts of the 26,000 interns to permanent and pensionable terms from.
Sh4.68 billion
The Tinderet MP said the Ministry would require an additional Sh4.68 billion to recruit additional 20,000 intern teachers in the financial year starting July 1, 2024.
On Saturday, Kuppet said it fully supported the teachers’ demand for employment on permanent and pensionable terms in accordance with the judgment by the Employment and Labour Relations Court (ELCR).
The court held that the teachers’ internship employment terms were illegal and unconstitutional, since the TSC’s only power was to hire teachers on permanent and pensionable terms.
Last week, Kenya National Union of Teachers (Knut) leadership expressed readiness to mediate the standoff between the striking teachers and TSC.
Knut’s Secretary General Collins Oyuu, accompanied by other officials, demanded that TSC retract “show cause” letters sent to 7,357 teachers who had not returned to work since schools reopened.
“We demand that the Teachers Service Commission recall all show cause letters served to demonstrating intern teachers and develop a framework that would assist to amicably settle the dispute with interns. No teachers involved in the said demonstration should be victimized,” Mr Oyuu said.
The TSC letters to the striking teachers accused them of professional misconduct for being absent from duty, warning that their internships could be terminated unless they provided a valid reason.
“It is noted with a lot of concern that you breached the provision of TSC Act Schedule Clause (b) in that you engaged in professional misconduct by being absent from duty,” the letters from TSC to the striking teachers read.
219,727 teachers
“Given the above, the commission is contemplating termination of your engagement as an intern. Therefore, you are hereby called upon to show cause why the internship engagement with the commission should not be terminated,” added, the letter.
Behind the scenes, the battle for representation of the Junior Secondary School Teachers has been raging between Knut and Kuppet. The 39,550 teachers deployed to JSS would boost the membership of any union alongside the monthly union dues that members contribute.
The Kuppet-brokered deal could give the union an upper deal. Interim officials of the JSS teachers’ lobby told Sunday Nation that they have been approached by both Knut and the Kuppet to join their ranks once their clamour for permanent employment by TSC succeeds.
Knut mainly draws its membership among primary school teachers while Kuppet has membership from post-secondary institutions. In total, there are 219,727 teachers in primary schools and 125,563 in secondary schools.
Membership to a union is voluntary and not all teachers have subscribed as members. Apart from dues that members pay, non-member teachers who benefit from deals negotiated by the unions pay them agency fees monthly.
Officials of the JSS lobby said that the JSS teachers will not join either of the unions but will instead form their own union. The lobby has been mobilising their colleagues to go on strike and demand permanent.
-Additional reporting by David Muchunguh.
