Court declares nationwide lecturers’ strike illegal as negotiations fail
By John Mbati |
The unions, which also include the Kenya Universities Staff Union (KUSU), have accused the government of negligence in fulfilling its commitments made during previous discussions.
In a significant ruling on Wednesday, the Employment and Labour Court deemed the nationwide strike by lecturers as illegal, directing both the government and the University Academic Staff Union (UASU) to expedite negotiations for a resolution.
The decision came just a day after UASU resumed the strike at midnight on October 28, following frustrations over unmet demands from the government.
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The strike, which has resulted in the paralysis of academic activities across public universities, was initiated after UASU issued a fresh seven-day notice on October 22. The union had warned of potential industrial action unless the government complied with the 2021-2025 National Collective Bargaining Agreement (CBA).
UASU Secretary-General Constantine Wasonga expressed disappointment with the government's handling of negotiations, stating, “I want to tell UASU members wherever they are to down their tools because the government has failed to listen to us.”
He highlighted the union's demand for a guaranteed annual salary increment of four per cent, which he argued was a reasonable expectation.
Despite the government's attempts to persuade UASU members to return to class, including escalating talks to a ministerial level, Wasonga maintained that these efforts had been in vain.
“We did not fail in terms of expressing good faith because we suspended our strike initially to listen to the government. It seems they are not honest,” he asserted.
UASU National Secretary General Dr Constantine Wasonga second (right), joins lecturers during their strike in Eldoret, Uasin Gishu County on August 29, 2024. (Photo: Handout)
The court's ruling noted that the ongoing strike was unprotected and granted UASU 14 days to respond, with the case scheduled for mention on November 28.
While the court intervened, it also recognised the frustrations of the lecturers, many of whom feel neglected by the government.
Wasonga pointed to previous failed negotiations, including a meeting on September 26, where the unions had hoped to reach an agreement but left without resolution.
“If you have given a member 7 per cent it will show. We are not dealing with illiterate people,” he stated, emphasising the union's insistence on transparency and fair negotiations.
As public universities remain closed, the implications of this strike ripple through the education system.
The unions, which also include the Kenya Universities Staff Union (KUSU), have accused the government of negligence in fulfilling its commitments made during previous discussions.
“Don’t scare us with sacking. We can teach anywhere in the world,” Wasonga said defiantly, underscoring the resolve of the lecturers to continue their fight for fair treatment and adherence to agreed terms. As the situation evolves, the impact on students and academic institutions grows increasingly pronounced, raising questions about the future of higher education in Kenya.
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