Pressure mounts as teachers' unions set to call off strike

Trade Union Congress of Kenya Deputy treasurer James Makori(left)Trade Union Congress of Kenya Chairman Tom Odege(center) and Deputy Secretary General,Charles Mukhwaya flanked by KNUT members addressing the media at their offices, they stated that they have moved to court to stop the recruitment of 70,000 teachers. 2/10/15- PHOTO/BEVERLYNE MUSILI

Pressure is mounting on teachers' unions to call off the strike even as they obtained a court order stopping the Teachers Service Commission (TSC) from recruiting contract tutors.

The Standard on Saturday has established that the Kenya National Union of Teachers (Knut) and the Kenya Union of Post Primary Teachers (Kuppet) lawyers’ have advised them to call off the strike today to boost their bargaining power of getting back the withheld September salary.

But even as the court issued the order, TSC said by last evening, some 10,000 tutors had been recruited. It also emerged that TSC has not remitted some Sh160 million unions dues for last month, effectively starving Knut and Kuppet of the much-needed resources to run their operations.

TSC remits to Knut Sh131 million monthly while Kuppet gets about Sh30 million. This money is deducted from teachers’ salaries as monthly contribution to their respective unions.

Knut Secretary General Wilson Sossion said yesterday the government is hell bent on frustrating unions by breaking the strike.

“If they have withheld union dues, then they are in contempt of court. They want to deny us money to hire lawyers and we shall fight it,” he said. In an earlier interview, Mr Sossion said legal fees is a significant budget line for Knut.

“Our lawyers are big names and that is a massive investment to protect the interest of teachers,” said Sossion.

TSC confirmed that only 42,973 teachers have been paid the September salary.

Yesterday, Sossion said the decision to call off the strike is a verdict of the National Executive Council (NEC), which is set to meet today.

Return to class

“The members of NEC will be briefed and after that they shall decide whether the strike would be called off or not,” he said.

But sources say Knut and Kuppet must call off the strike today based on Justice Nelson Abuodha’s ruling.

In his ruling, Abuodha asked teachers to obey the orders he had earlier issued that they return to class immediately.

“I decline to suspend the orders until all parties comply. I therefore decline the request to suspend the orders as urged by the two unions until they direct their members to resume duty,” Justice Abuodha ruled.

He said the verdict was arrived at “after taking into consideration the nature of the dispute that I saw a ray of hope for the children and I therefore urge the unions to advise their members to resume duty”.

Kuppet Secretary General Akelo Misori yesterday said their National Governing Council (NGC) shall also meet today.

“There is a possibility that the two organs may have a joint meeting to review the strike action in light of the court rulings,” said Misori.

TSC yesterday said it had not been served with any orders regarding employment of contract teachers. “We have received overwhelming response on the recruitment of relief teachers and the commission shall comment after being served with the orders,” said Kihumba Kamotho, TSC head of communication.

Justice Nduma Nderi stopped the TSC from recruiting the 70,000 relief teachers until a case filed by Trade Union Congress of Kenya (TUC-Ke) is heard and determined.

“That pending the hearing and determination of the application, conservatory orders be and are hereby granted to the applicants/petitioners restraining the respondent from carrying out the recruitment of relief teachers as advertised in the daily newspapers in circulation in Kenya on the October 1, 2015,” directed the judge.

Justice Nderi set an inter-partes hearing date for the case for October 12 before Justice Nzioka wa Makau. The judge further ordered that the application be served and the same be responded to within seven days.

TSC Chief Executive Officer Nancy Macharia said the contract teachers would be absorbed on priority basis.

Three-month contract

“The teachers will be hired on a three-month contract and will thereafter be considered on priority basis for employment on permanent terms when vacancies arise,” said Macharia.

Communication inviting applicants said all applications must be submitted by October 5, 2015. And the teachers must be 45 years and bellow.

“Interested candidates have been asked to submit their applications together with certified copies of certificates , transcripts, testimonials and national identification cards to the TSC County Directors of their respective homes counties,” said Macharia.

Addressing the press yesterday, TUC-Ke officials scoffed at the government’s move to hire teachers on contract.

TUC-Ke Deputy Secretary General Charles Mukhwaya termed the recruitment “absurd, laughable and annoying”.

“The move is illegal and meant to frustrate and intimidate striking teachers’ fight for a pay rise,” Mukhwaya said.

He said the recruitment is not meant to ease the huge teacher shortage in the country but to fill the vacuum left by striking teachers.

“Where has TSC got the money to recruit relief teachers yet it has refused to honour a court salary award? TSC has run out of ideas,” said Mukhwaya.

TUC-Ke national chairman Tom Odege revealed that the unions had written to President Uhuru Kenyatta but were yet to get a response.