Public universities told to discipline striking staff as legal standoff intensifies
Technical University of Kenya Vice Chancellor Benedict Mutua confirmed that his institution has already taken disciplinary action.
Public universities have been instructed to enforce disciplinary measures against staff who continue striking, with the Ministry of Education declaring the industrial action illegal and in defiance of court directives.
Speaking on Tuesday, Higher Education Principal Secretary Beatrice Inyangala said striking university staff are aware of the court’s position and should have resumed teaching.
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“Every university is autonomous and managed through a council, so as a Ministry, we expect every university to implement its internal policies regarding absconding duty,” she said during the launch of a data returns portal at the University Funds offices.
Her remarks have further stalled negotiations between the Inter-Public Universities Council Consultative Forum and university unions, including the University Academic Staff Union (UASU), Kenya University Staff Union (KUSU), and the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA).
The unions are demanding Sh7.9 billion in unpaid dues from the 2017–2021 Collective Bargaining Agreement (CBA) and the initiation of negotiations for the 2025–2029 CBA.
Only Sh624 million unpaid
The Ministry, citing an advisory from the Salaries and Remuneration Commission (SRC), insists only Sh624 million remains unpaid under the 2017–2021 CBA.
The ongoing standoff has disrupted learning across public universities and escalated to the courts, with parties set to return on October 15 for further directions regarding the government’s obligations to lecturers and non-teaching staff.
Public University Vice Chancellors have begun disciplining staff who fail to report to work. Prof. Daniel Mugendi, Chairperson of the Vice Chancellors Committee of Public Universities and Vice Chancellor of the University of Embu, said those absconding from duty are aware of the consequences as the strike is illegal.
“Last week, the court said lecturers need to go back to class and teach,” he said, adding that negotiations should continue even as teaching resumes.
Technical University of Kenya Vice Chancellor Benedict Mutua confirmed that his institution has already taken disciplinary action.
“We have taken stern disciplinary action against those not teaching since the strike is illegal. Those who do not get to class will be punished as per the law,” he said.
Unions adamant
Despite the warnings, the unions remain firm on the Sh7.9 billion demand and have rejected any offers under the proposed 2025–2029 CBA without fresh negotiations.
“This is exactly what negotiations are about: offers are made and discussed. Nothing is off the table, but learning must continue,” Inyangala said.
The unions have warned that if the stalemate persists, students may only return to class next year.
A technical committee report from the Joint Negotiations Committee revealed that the SRC had significantly understated the amount owed. The audit indicated the total financial requirement was Sh16.57 billion, of which the government has disbursed Sh8 billion, leaving Sh7.77 billion outstanding.
KUSU Secretary-General Charles Mukhwaya accused the government of failing to engage directly with union leaders.
“We need to sit with all the stakeholders involved in this matter. SRC and the vice chancellors will only tell the government what they would like them to hear. But for us, we have not been called by the CS or the PS,” he said.
Fourth week
The strike, now in its fourth week, has forced students home and triggered protests across campuses. Mukhwaya dismissed claims by Education Cabinet Secretary Julius Ogamba that negotiations were ongoing.
“Nothing is going to come out. We are where we started. The strike has just begun,” he said.
Ogamba said over the weekend that meetings in Machakos sought to resolve issues related to the 2017–2021 CBA.
“We are hoping that they will make a report today to determine how much money is outstanding, and then we will give the way forward. The university lecturers were demanding Sh7.9 billion, but the SRC has said that it has paid Sh7.2 billion, meaning that the balance is a balance of Sh624 million,” he said.
Thousands of university students have been left stranded, with academic calendars disrupted, upkeep funds exhausted, and graduation timelines at risk. On Tuesday, students at the University of Nairobi staged protests demanding that the government and unions resolve the dispute.
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