Court suspends UASU strike, orders lecturers to resume work as negotiations continue

The Employment and Labour Relations Court has mandated that lecturers who are currently on strike return to their duties.

The ruling was issued on Wednesday by Justice Jacob Gakeri in response to an urgent application from the consultative forum of the Federation of Kenya Employers.

Justice Gakeri issued a temporary injunction against the University Academic Staff Union (UASU), prohibiting it from calling, inciting, or encouraging further strike actions.

In his ruling, Justice Gakeri emphasised the urgency of the matter and instructed that negotiations continue between the involved parties to address the underlying issues.

The application is to be served to the union and interested parties in the case and be responded to within seven days.

The court has scheduled a mention of the case for October 2, 2024, to provide further directions.

The decision comes just hours after public university lecturers across the country went on strike, causing disruptions across 35 institutions.

The strike was initiated by members of UASU and the Kenya Universities Staff Union (KUSU) over a dispute related to the 2021-25 Collective Bargaining Agreement (CBA).

UASU Secretary General Constantine Wasonga stated that the unions will continue negotiating with the government while members remain on strike.

“I woke up at 2 a.m. and coordinated with all branch secretaries. I want to thank them for responding to the union's call. We are ready for talks, but we will strike until we reach a deal,” Wasonga said.

He also pointed out that other public sector employees recently received a seven to 10 per cent salary increase and argued that lecturers, as government employees, should receive similar adjustments.

“We want the seven to 10 per cent that other public sector employees were given,” Wasonga said.

Wasonga defended the strike, citing Article 41 of the Constitution, which permits workers to down tools.

UASU and KUSU issued the strike notice on September 11. The strike, which began at the Technical University of Kenya, affects Kenya's 35 public universities and three university constituent colleges.

The unions have announced plans for a “mega-demonstration” in Nairobi on Monday. The core issue of the dispute is the proposed 2021/25 CBA, which has seen no progress since the initial proposal was tabled on September 4, 2020.

“We have told the Cabinet Secretary that if they cannot provide a salary increment, they should at least offer a bare minimum cushion,” KUSU Secretary General Charles Mukhwaya said earlier.