Samuel Otieno

Learning was paralysed in most parts of the country on Monday as both Government and Kenya National Union of Teachers (Knut) dug in over the salary offer disagreement.

A dozen teachers were arrested and a few injured as police lobbed tear gas canisters in Coast and North Eastern provinces to disperse striking teachers.

Many secondary schools countrywide were also affected as teachers joined their colleagues in primary schools in the strike, eroding the gains that the Government may have claimed in offering a pay deal to the Kenya Union of Post-Primary Education Teachers (Kuppet).

The Teachers Service Commission (TSC) reacted swiftly, instructing all heads of schools and institutions to conduct a head-count of teachers on duty and vowed to punish those on strike.

According to the TSC, learning in public primary schools has been paralysed, even after it declared the strike illegal. TSC Secretary and Chief Executive Officer Gabriel Lengoiboni said: "Section 80 of the Labour Relations Act 2007 prohibits an employee from taking part in a strike that is not in compliance with the law. The strike is, therefore, illegal."

In a statement sent to newsrooms, Mr Lengoiboni warned that any teacher who goes on strike is liable to disciplinary action and added that salaries and benefits will not be paid to such staff.

"This information should be relayed within 48 hours to the TSC headquarters through Provincial Directors of Education, District Education Officers, Municipal Education Officers and the Director of City Education for action," said Lengoiboni.

TSC, according to Lengoiboni, is in the processes of drafting letters to be served to the teachers on strike, marking the beginning of the disciplinary process.

The Government, he said, has also instructed security agencies to protect teachers and pupils to prevent incidences that might jeopardise learning.

Education Minister Sam Ongeri said preliminary reports showed that learning was taking place in secondary schools and there was no cause for alarm. "Quite a number of primary schools are also teaching. Those teachers who have failed to report on duty will face disciplinary action," said Prof Ongeri.

He described the situation as "manageable" but warned that no school should be closed without the authority of the ministry.

Speaking to The Standard on the telephone, Ongeri said he would issue a comprehensive update today after analysis of reports from provincial and district education officers.

He appealed to teachers to ignore the strike and go back to work. The minister said he has instructed all principals and heads of institutions to remain in school to ensure safety of students and property.

"The ministry is fully in control and I urge teachers to respect the rule of law and return to work immediately," said Ongeri.

The minister said he was yet to get communication from Knut after the union snubbed a meeting with him on Sunday. But Knut Secretary-General Lawrence Majali said the strike would continue until the Government meets the teachers’ demands for the pay raise to be implemented at once, not in three phases.

"Let the Government not sit pretty and pretend that nothing is going on. So far, the strike has been 100 per cent effective even though we are still open for dialogue," he said.

Mr Majali, who spoke to The Standard on the telephone from an undisclosed location, said the union was ready to scrutinise new proposals from the Government.

"From the reports we have received, the strike is successful," he said.

Majali said teachers should maintain the pressure but remain peaceful and avoid from demonstrations since the police are "too willing to engage them in running battles".

He said teachers should not be intimidated by the Ministry of Education and TSC officials since what they have engaged in is a legal strike under the law.

"We followed the law to the letter and our strike is legal," he said.

Knut Chairman George Wesonga said the union had received an invitation for talks from the minister since last night. He said they are ready and willing to negotiate.

"We sent a reply that we are waiting for details of the venue, date and time of the meeting with the minister. But we are yet to receive any communication," said Mr Wesonga.

At the same time, the Kenya Secondary School Heads Association said it would intervene on the standoff between the Government and Knut.

Mr Cleophas Tirop, the association chairman, said the group’s national executive committee would meet Knut and Government officials on Thursday in a bid to resolve the matter.

"Our members, about 75,000, have been affected by this crisis and we are going to meet the concerned parties to mediate," said Tirop.