Teachers across the country have expressed outrage at the calling off of their strike on Monday evening, claiming they got a raw deal from the deal their union struck with the Teachers Service Commission (TSC).
As a result, some Kenya Union of Post Primary Education Teachers (Kuppet) branch executive secretaries, who are also part of its National Governing Council (NGC), on Tuesday demanded that the national officials who made the decision step down, saying they went against the constitution of the union.
The officials who spoke to Nation said they would push for the exit of the national executive board (NEB) that met TSC officials on Monday before they asked teachers to resume work.
According to Article 22 (b) of the Kuppet constitution, only the NGC can authorise the start of or end of industrial action.
“In an event of a strike or sit-in being called with instruction of the NGC, no one shall call off the strike unless duly authorised by the NGC,” part (c) of the article reads.
The NGC comprises executive secretaries from the 47 branches and the 10 members of the NEB and is the highest decision-making organ of the union.
On Sunday, the NGC met in Nairobi and endorsed the continuation of the job boycott into its second week.
The council has not rescinded this decision, which legally remains binding on all union members.
The NGC resolved that any changes to the strike's status or deal with the employer should be discussed in a virtual meeting convened by Secretary-General Akello Misori.
This procedure was not followed, however, as the NEB called off the job boycott after a day-long meeting with top officials of the TSC, led by Chief Executive Officer Nancy Macharia, on Monday.
Only the secretary for secondary schools Edward Obwocha walked out of the meeting, in protest.
“Teachers were not ready to go back to work but managing a strike is a process. The announcement was so abrupt. Teachers should have been given time to process the information,” said Moses Mbora, the Nairobi County branch secretary.
Kenya Union of Post Primary Education Teachers Secretary General Akelo Misori (center) speaks to the media at TSC headquarters in Nairobi on September 2, 2024.
Photo credit: Lucy Wanjiru | Nation Media Group
“There are gains but the only worry is that, are these promises real? It’s unfortunate TSC has been wasting the time of Kenyan children.”
The decision came as a surprise to many teachers who had spent the day demonstrating in various towns across the country as the strike entered its second week and was gaining momentum as some schools sent learners home.
Whereas the statement by the commission (and signed by Kuppet officials) terms the move as “calling off the strike”, another by Kuppet talks of “suspending the strike”.
“The NEB mishandled the strike and that office has been having issues with delegates. The government will now have it easy frustrating teachers and that’s why they should step down and allow for new leadership,” said Vihiga branch secretary Sabala Inyeni.
Members of the NGC said that they were not consulted. The chair of Kuppet in Homa Bay County Jack Okoth said although teachers had heeded the call to end the strike, they questioned the manner the agreement was arrived at.
“We had made a schedule on how we were going to hold a protest in the county, only to be told on Monday evening that the strike is suspended. We hope that what was discussed will be addressed and TSC should guarantee teachers that matters that were raised will be taken care of,” he said.
In Kisumu County, despite classes resuming with ease, teachers had mixed reactions to the cessation of the industrial action.
According to Kisumu County Kuppet secretary Zablon Awange, most teachers did not welcome the move.
"We are disappointed but we have to accept it. Teachers were more energised to continue and sustain that strike. Initially, it was thought Kuppet could not sustain a strike before," said Mr Awange.
"Either way, we are waiting to see if TSC will honour part of the pledges they have made to teachers. We will not hesitate to go to the streets if they don't meet our bargain," he said.
His West Pokot counterpart Alfred Kamuto said: “We don’t agree with them [NEB]. They rushed and we don't know why. They must agree with all county executives. It is their own decision.”
In the August pay slips, the TSC did not deduct the monthly remittances to the union, creating panic among Kuppet officials who feared they would be unable to fund union operations or the strike.
Faced with financial constraints, and in a bid to avoid the fate of their sister union, the Kenya National Union of Teachers (Knut), which saw its revenue plummet from Sh147 million to just Sh12 million a month after a previous strike, Kuppet officials decided to toe the line.
Furthermore, the activation of the "exit button," that would allow the TSC to remove teachers from Kuppet's membership rolls is said to have forced the hand of the union. The union boasts a membership of about 135,000 teachers.
Tana River Kuppet branch secretary Omondi Oluoch expressed his disappointment, stating that the union’s top officials had “poured cold water on our faces and trivialized a serious issue.”
“The strike was a battle for the soul and dignity of the teaching profession, a fight to restore its lost glory. It took courage, sacrifice, commitment, and hope for a better, more dignified workplace, yet the NEB has betrayed us,” Mr Oluoch said.
“We will debunk the narrative that the branch secretaries endorsed the strike's withdrawal. We had police permits to continue with the strike on Tuesday, and now they are useless. We have been betrayed by the head office,” Mr Charles Ngeno, the Narok branch executive secretary, said.
Kericho branch secretary Mary Rotich and her Bomet counterpart Paul Kimetto said teachers felt betrayed by the decision to call off the strike when they were prepared to remain on the streets to press TSC to meet their demands.
“It is unfortunate that teachers had secured police permits for peaceful demonstrations before the strike was abruptly called off. What was the purpose of convening the NGC on Sunday?” Ms Rotich asked.
Mr Kimetto echoed her sentiments, saying, “It is clear to all that the problem lies not with the branch officials but with those at headquarters who should bear the responsibility for the action taken without consultation.”
Also, Kisii branch secretary Joseph Mogire said NEB members had betrayed the branches and teachers by calling off the strike without seeking authorisation as required by the union's constitution.
“Who gave the secretary-general the mandate to call off the strike without referring the matter to the National Governing Council? This is a total betrayal of our members who gave their hearts to the cause,” Mr Mogire said.
But Mr Misori said the deal with the TSC is above board and both Kuppet and TSC legal teams had finalised the court consent which will be presented by the parties tomorrow (Wednesday).
“The parties’ agreement on the consent means that the legal disputes between Kuppet and the TSC have been brought to an end. When the parties go before court on Thursday, the TSC Petition and Application both dated 26 August 2024, as well as the Kuppet Application dated 27 August 2024, will be settled so that the two sides can return to bi-partisan engagement on all the issues,” he said.
He added that the consent covers all issues in the union’s list of grievances with the exception of the immediate employment on permanent and pensionable terms of 46,000 junior school teachers and the employment of 20,000 new JS teachers.
“The union will strongly pursue the matter with the Cabinet secretaries for Education, Finance and Labour to rid Kenya of bad labour practices being perpetuated by the TSC. We will take up the matter with President William Ruto once he comes back from his trip to China”.
Kuppet chairperson Omboko Milemba stated that the union officials and those of Knut had convened multiple times and agreed to proceed with the strike, voicing concerns about the procedures for organising strikes and pointing out significant issues with documentation and communication.
"We met several times, and we never agreed to halt the strike. We agreed that it would continue, only for them [Knut] to betray us. It was clear that the notice had already been submitted," he said.
By Vitalis Kimutai, Mercy Simiyu, George Odiwuor, Elizabeth Ojina, Wycliffe Nyaberi, Maeve Onsongo, Sammy Lutta, Oscar Kakai and Evans Jaola.
