Lecturers want CS’s Ogamba, Mbadi and Mutua jailed as university strike halts learning
Despite the suspension of the strike by the courts, UASU has vowed to continue industrial action until all its demands are met.
A prolonged pay dispute has escalated into a legal showdown, with striking university lecturers now demanding the jailing of three Cabinet Secretaries for contempt of court over the alleged failure to implement a Sh2.73 billion salary award.
The strike, which has entered its seventh day, has paralysed learning in 42 public universities, leaving thousands of students in limbo.
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Through lawyer Titus Koceyo, the Universities Academic Staff Union (UASU) has filed a contempt case against Education Cabinet Secretary Julius Ogamba, Treasury CS John Mbadi and Labour CS Alfred Mutua.
Also named in the petition are Attorney General Dorcas Oduor, Salaries and Remuneration Commission (SRC) Secretary Margaret Njoka, Inter-Public Universities Councils Consultative Forum (IPUCCF) chairperson Prof Fred Simiyu Barasa, and secretary Prof Daniel Mugendi.
Court orders
Koceyo told Justice Stephen Radido that the officials had failed to honour court orders requiring them to implement Phase II arrears under the 2021–2025 collective bargaining agreement (CBA), worth Sh2.73 billion, and had also ignored a 2020 ruling on the 2017–2021 CBA.
“The court directed the SRC to work together with the IPUCCF Implementation Committee, the Ministry of Education and the Treasury to provide the additional budgetary allocation necessary for the CBAs, but they have failed to comply,” he said.
The union further accuses the officials of refusing to negotiate, conclude, register and implement the 2025–2029 CBA, in breach of a 2019 recognition agreement. Uasu is asking the court to summon the seven officials to personally appear on October 6, 2025, to explain why they should not be jailed.
“That the alleged contemnors be punished for contempt of court by committal to civil jail for a period not exceeding six months, or be directed to pay a fine of Sh200,000 each, in accordance with the law,” Uasu states in its application.
Pay arrears
Outside the courtroom, lecturers insist they will not return to class until their dues are paid in full. UASU Secretary-General Constantine Wasonga said arrears of more than Sh7.9 billion from two CBAs remain unsettled.
“We want nothing less than full payment. We have been patient for too long, but government promises have turned into endless delays,” Wasonga said on Wednesday when Uasu presented a petition to Parliament.
Legislators have pledged to intervene. National Assembly Education Committee chair Julius Melly assured lecturers that Parliament would step in.
“When two parties enter into a contract, they must honour it. We are going to meet with Uasu leaders so that we can discuss your grievances. As the Education Committee, we will pursue your demands as we have previously done,” he said.
Baringo MP Joseph Makilabu added, “We have heard the cry of children of Kenya who are not able to study because of a failed agreement. Once the petition is received, we will present it to the Education Committee and involve you in the process. This matter must be resolved once and for all.”
Court order
But Education CS Ogamba warned lecturers to resume teaching, citing a court order suspending the strike.
“Court orders are to be obeyed or else you will be in contempt. We have released Sh2.5 billion to address grievances raised, and all issues can be resolved without paralysing learning,” he said.
The government argues that Treasury has already disbursed Sh2.5 billion for Phase II of the 2021–2025 CBA. Lecturers, however, insist that arrears from the 2017 CBA remain outstanding.
“The state has failed lecturers. Our arrears under the 2017 CBA remain unpaid despite a favourable court ruling,” UASU University of Nairobi Chapter Secretary Maloba Wekesa said.
Students are also growing restless. At the Technical University of Mombasa, student leaders threatened to join the strike.
“First years just reported last week, but there are no classes. Parents are paying rent and fees for nothing. If the government does not pay lecturers, students will join the strike,” TUM students' president Joseph Oloo said.
Protests in Nairobi
On Wednesday, lecturers from all 42 public universities staged protests in Nairobi, marching from the University of Nairobi graduation square to the city centre with placards and vuvuzelas.
“If you want to shorten the strike, pay the way you paid the Sh2.7 billion last week. Until we get the bank alert (that the account has been credited), prepare for a long strike,” Wasonga told the crowd.
The dons are demanding full payment of Sh7.9 billion in arrears from the 2017–2021 CBA, as well as the start of negotiations on the 2025–2029 agreement. Last week, the government released Sh2.73 billion for Phase II of the 2021–2025 CBA, reducing the pending phases from three to two.
“If you think you can threaten us, let it be known that we are battle-hardened generals. If you sympathise with students as we also do, pay us our Sh7.9 billion and also jumpstart negotiations for 2025–2029 CBA, and this matter will end,” Wasonga warned.
Later, the lecturers marched to Parliament and met Speaker Moses Wetang'ula, who encouraged them to follow the formal petition process.
“I assured them that Parliament is not just a law-making body, it is also a House of dialogue, a place where voices are heard, and solutions are shaped. I encouraged them to formally present their petitions, which will be processed by the Office of the Clerk, tabled, and committed to the Public Petitions Committee for consideration,” Wetang'ula said.
“The Committee will engage the aggrieved parties, invite the unions to make their case and, equally, summon officials from the Ministry of Education, including the Cabinet Secretary and Principal Secretary for Higher Education, to respond to the concerns raised. This approach will guarantee fairness, balance, and a structured path forward.”
Despite the suspension of the strike by the courts, UASU has vowed to continue industrial action until all its demands are met.
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