Lecturers accuse SRC, universities of delay tactics over pay arrears

The dispute involves council forum on one side and the unions—Universities Academic Staff Union (Uasu), Kenya Universities Staff Union (Kusu) and Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (Kudheiha)—on the other. The three unions had issued strike notices over the delayed implementation of the 2017–2021, 2021–2025 and 2025–2029 CBAs.

“I recommend that the Joint Implementation Committee, together with the SRC technical team, conduct an audit of the payrolls within two weeks to determine the current balance, taking into account any payments that have already been made,” he said.

“Once the figure is determined, it should be forwarded to the SRC, the Ministry of Education, and the Treasury for them to arrange the disbursement of the balance to the universities for payment and closure of this matter.”

However, Uasu National Chairperson Grace Nyongesa dismissed the proposal as unnecessary, arguing that the sums owed to university staff are already known. She also said that the unions will not call off their strike until the arrears are fully settled and accused government agencies of failing to act in good faith.

“Asking for two weeks is just a delaying tactic, and IPUCCF is used to that. They have the data. The court has already determined this money. Even the Ministry of Education appealed, but their appeal was dismissed because it had no merit. They used a stay of execution for four years to frustrate the unions,” said Ms Nyongesa. 

“SRC knows what it is hiding. They may have misadvised the Ministry and now don't know how to rectify the situation. Let them come to the table. We will remain on strike until we get what is rightfully ours.”

She said that the SRC is aware that Sh7.9 billion remains unpaid, with Sh1.5 billion representing a pending component of the CBA. She insisted that only two days are needed to verify the figures and distribute the funds to the rightful beneficiaries.

“The unions have the data for all our members. We have helped the government before to ensure that no funds are lost. There is no dispute about the amount owed,” Ms Nyongesa said.

She accused the SRC of providing figures that do not align with the amounts determined by the court, stating that the commission “cannot even confirm their own numbers”.

“The court judgment clearly stated that the SRC, the Ministry of Education and the National Treasury should budget and release the money. Where is the Sh7.9 billion that the Treasury was to release?” she asked.

Uasu Secretary-General Constantine Wasonga said the accounts could be reconciled within two days, as all the necessary records are available. He pointed out that the problem is not the records, but confusion over payments.

“They have acknowledged that they owe us. We can reconcile the accounts in two days because the records are available. That's not what the SRC is saying. The ministry that pays is unaware that payment has been made, yet the SRC, which does not pay, is informing the ministry that payment has been made?” he said.

Kusu Secretary-General Charles Mukhwaya has criticised the conciliator for being insincere and misleading. He questioned the conciliator's claims that funds had been released from the exchequer, insisting that no money could be disbursed without a formal forwarding letter.

“The conciliator is playing games. Court judgments must be respected and appealed through proper channels. Show us where the money is and this could all be resolved in days. When the CS says there are negotiations, I want to be clear that we have not started any,” he said.

In his report, the conciliator noted that, although the dispute and strike notices initially revolved around three issues, only the 2017–2021 Collective Bargaining Agreement (CBA) remains unresolved.

He observed that the 2021–2025 CBA had largely been settled, except for concerns raised by Kusu regarding three institutions: the University of Nairobi, Kibabii University and Murang'a University of Technology. The conciliator advised KUSU to file separate disputes against each of these universities, as the issue does not affect all institutions.

Regarding the 2025–2029 CBA cycle, he explained that negotiations have not yet begun, as the proposals submitted by the unions to the Councils Forum are awaiting advice from the SRC.

“Before the beacons are issued by the SRC, negotiations cannot take place. The IPUCCF has already forwarded the unions’ proposals, and the SRC had promised to respond by September 30, 2025. He therefore urged the parties to wait for the advisory in order to allow negotiations to proceed properly and to avoid the delays witnessed in past agreements,” he said.

The conciliator described the 2017-2021 CBA as the “stickiest issue; the elephant in the room”. He noted that there is no dispute that universities owe workers arrears arising from this CBA, which was negotiated, signed and approved by the SRC. However, discrepancies in the cost of implementation—with the SRC allocating Sh8.8 billion, while the Joint Negotiations Committee computed Sh13.8 billion—led to prolonged stalemates.

After the Employment and Labour Relations Court (ELRC) ruled in favour of the universities in January 2021, it directed the Ministry of Education, the Treasury and the SRC to provide additional funds to implement the CBA in full. However, this has not yet been done. 

The conciliator also referred to proceedings in the Court of Appeal, in which the government's attempt to stay the court’s judgment failed after the appeal period expired.

The lapse of the stay effectively reinstated the judgment and, by extension, the arrears due to the workers. The Attorney-General has since advised the Ministry of Education to implement the CBAs in order to avoid further litigation.

Some universities have already implemented the CBA as ordered, while others have not yet done so. This means the balance to be paid has reduced depending on what has already been disbursed.

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