Moi University management has suspended some striking workers, including union officials, amid claims of intimidation and threats as the return-to-work stalemate persists.
Nation.Africa has established that divisions have emerged among the striking Moi University workers, with some resuming duty after the management board issued threats of stern disciplinary action.
It follows the High Court orders obtained by the university management last week, restraining union members from participating in the ongoing industrial action.
Some workers, especially casuals, have returned to work fearing being sacked even after the unions and the management failed to enter a return-to-work formula by the time, even as the university reopened on Monday.
The crisis rocking the financially troubled university took a new twist on Tuesday after the management issued suspension and show cause letters to some workers, citing their failure to resume duty.
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While those who have been handed suspension letters are required to surrender all property of the university under their possession to the chairperson of their department, those issued with show cause letters are expected to defend themselves before the management next month.
“It has been decided that you be suspended from the service of Moi University with immediate effect pending investigations into allegation that you were involved in calling for, taking part in, instigating, or inciting staff to continue participating in, an unprotected strike or any other form of industrial action,” stated a suspension letter signed by Prof Eng. Kirimi H. Kiriamiti, Deputy Vice-Chancellor, Administration, Planning and Strategy to one of the affected workers.
“Reports reaching this office indicate that you have failed to teach. Your actions contravene the employment act which governs your employment conduct. The purpose of this letter is to ask you to show cause why disciplinary action should not be instituted against you for the above offense,” said a show cause notice signed by Prof Eng. Kiriamiti.
Nation.Africa has confirmed that most of those who have received suspension and show cause letters are Uasu members who resumed the national strike on October 29, to demand the full implementation of the 2021-2025 Collective Bargaining Agreement (CBA) deal.
Uasu Moi University Chapter Secretary Nyabuta Ojuki confirmed that some of their members have received suspension and show cause notices.
“The management has resorted to intimidation and threats to drive a wedge among the workers, but the act will not materialize since our members are not ready to resume duty,” said Mr Ojuki.
The management, while directing the reopening of the university last Monday, asked the staff to resume duty or risk facing disciplinary measures.
“All staff are directed that they are expected to be on duty and to discharge their duties as expected. Failure to comply with this directive shall result in consideration of appropriate disciplinary measures,” said a memo issued by Prof. Eng Kiriamiti.
Uasu Moi University Chapter Chairman Wegesa Busolo insisted that striking workers will not resume without a return to work formula.
"As employees, we will not resume teaching until we come up with a return to work formula with the management," said Mr Busolo.
They accuse the management of failure to table a ‘meaningful proposal’ on how to settle the salary and statutory deduction arrears amounting to over Sh10 billion.
The Kenya University Staff Union (KUSU) Chapter Chairman Bob Odhimabo confirmed that some workers had resumed duty but there was no teaching going on at the university.
“I have not received any letter but what I know is that some workers have resumed duty due to fears of intimidation and disciplinary action,” said Mr Odhiambo on the phone.
Among financial irregularities under probe at the university include failure to remit Sh4 billion in payroll deductions, defaulted on a Sh3 billion loan owed to Rivatex East Africa Limited, and accumulated Sh1.1 billion in unpaid bills as of June 2020.
The declining student enrolment from 50,000 in 2015 to 27,000 in 2021 and about 20,000 in 2023, closure of non-viable campuses, reduced exchequer funding due to implementation of differentiated Unit Cost (DUC) in computing the recurrent capitation and rising cost of personnel enrolment due to National Collective Bargaining Agreements (CBAs) that have not been fully funded are other factors contributing to miseries facing the institution.
