Lecturers reject government proposal to verify figures before paying CBA dues

Lecturers have rejected a government proposal to conduct another audit before releasing funds owed under the 2017–2021 Collective Bargaining Agreement (CBA), accusing the Salaries and Remuneration Commission (SRC) and the Inter-Public Universities Councils Consultative Forum (IPUCCF) of stalling the payment of arrears already confirmed by the courts.

The tutors argue that the figures in question are well documented and that further verification is a ploy to delay their dues.

The rejection follows recommendations by a conciliator appointed by the Ministry of Labour, who directed that the Joint Implementation Committee and the SRC conduct an audit within two weeks to establish the exact balance before the Treasury releases the funds.

The dispute pits the IPUCCF against three unions, including the Universities Academic Staff Union (UASU), the Kenya Universities Staff Union (KUSU) and the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA), which have 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,” the conciliator 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 conciliator’s proposal as unnecessary, arguing that the sums owed to university staff are already known, warning that the unions would not call off their strike until the arrears are fully settled.

“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,” Nyongesa said.

She accused government agencies of acting in bad faith and failing to honour court directives.

“They 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 added.

Nyongesa said the SRC is fully aware that Sh7.9 billion remains unpaid, with Sh1.5 billion representing a pending component of the CBA. She maintained that only two days are needed to verify the figures and release 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,” she said.

She further accused the SRC of providing conflicting figures that do not match those established by the courts.

“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?” Nyongesa posed.

UASU Secretary General Constantine Wasonga echoed her sentiments, insisting that the accounts could be reconciled in just two days since all relevant records are available.

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“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 also criticised the conciliator, accusing him of being insincere and misleading. He dismissed claims that funds had been released from the exchequer, saying such a disbursement could not happen 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,” Mukhwaya said.

In his report, the conciliator noted that while the dispute and strike notices initially involved three CBAs, only the 2017–2021 agreement remains unresolved. He said the 2021–2025 CBA had largely been implemented, except for issues raised by KUSU in three institutions, such as the University of Nairobi, Kibabii University and Murang’a University of Technology. He advised Kusu to file separate disputes against each of the institutions since the problem does not affect all universities.

On the 2025–2029 CBA, the conciliator explained that negotiations had not yet begun because the unions’ proposals submitted to the Councils Forum were awaiting the SRC’s advisory.

“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 said.

He urged the parties to wait for the advisory to ensure proper negotiations and avoid the delays that have characterised previous CBAs.

The conciliator described the 2017–2021 CBA as “the stickiest issue; the elephant in the room,” saying there was no dispute that universities owed their staff arrears arising from the agreement, which was negotiated, signed, and approved by the SRC.

He noted that discrepancies in implementation costs, SRC allocating Sh8.8 billion while the Joint Negotiations Committee estimated Sh13.8 billion, had prolonged the stalemate.

In January 2021, the Employment and Labour Relations Court (ELRC) ruled in favour of the unions and directed the Ministry of Education, Treasury and SRC to provide additional funds to fully implement the CBA. However, this directive has not yet been acted upon.

The conciliator also pointed out that the government’s attempt to stay the court’s judgment at the Court of Appeal failed after the appeal period lapsed, effectively reinstating the ruling and the arrears due to the workers.

The Attorney General has since advised the Ministry of Education to implement the CBAs to avoid further litigation. Some universities have already complied with the order, while others have not, leaving varying balances depending on previous disbursements.