Crisis deepens in Kenyan schools as teachers’ unions insist on pay hike

There seems to be no end in sight to the teachers’ pay hike stalemate as key developments of the day showed signs the strike would be prolonged.

This meant there might be no respite for children in public schools who bear the brunt of the industrial action, especially those slated to write their national examinations in November.

The crisis deteriorated after the giant teachers’ body, Kenya National Union of Teachers (KNUT), declared it would not relent on the nationwide strike on a day the Supreme Court, again, declined to suspend the disputed 50-60 per cent pay increment.

Teachers demonstrate along the streets of Kisumu town over salary increment, yesterday.

(PHOTO: COLLINS ODUOR and JAMES OMORO/STANDARD)

But as KNUT dug in, signs the other public workforce sectors might join the fray emerged, with the threat of nationwide mobilisation by the Central Organisation of Trade Unions (COTU).

COTU threatened to call a nationwide strike if the Government does not find an urgent solution to the ongoing teachers' strike. Acting Secretary General Benson Okwaro cautioned if the Treasury did not release funds to pay teachers, they will call all its 42-affiliate trade unions to endorse a strike in solidarity with the teachers.

"Next week, we will have an executive board meeting to take a firm decision in support of the strike action by teachers and one of the resolutions will be to call out our 2.5 million members to join teachers in the strike until they are paid their dues," said Mr Okwaro.

Supreme Court Judge Jackton Ojwang' yesterday declined a second bid by the Teachers Service Commission (TSC) to block the salary award but allowed the commission's application challenging the court's reluctance to overturn the pay-rise order by the Court of Appeal to be heard next week.

The Standard also established TSC instructed the 47 county directors to compile a list of schools that were yet to reopen for the third term in order to take disciplinary action against the head teachers.

Sent away

"All TSC County Directors and Ministry of Education County Directors of Education have been directed to closely monitor the situation and take appropriate measures to address any contravention of the law and Service Regulations. They should not hesitate to commence disciplinary action including interdiction. In particular, teachers who attempt to disrupt learning should be dealt with firmly and conclusively," TSC said.

They will be issued with "show cause letters", usually the first step towards disciplinary action, as the Government is determined to downplay the effect of the strike. TSC directors who spoke revealed "the early morning call from the head office was firm and serious".

At Knut headquarters, the union's top decision-making organ endorsed the strike that has paralysed learning in public schools across the country.

Across the country, students and pupils in public primary and secondary schools that were still open whiled away time as teachers stayed away from classes. Candidates due to sit national examinations in a few weeks studied on their own.

But schools that sent away pupils on Monday when the third term officially began remained shut even as their counterparts in private academies went on with their studies.

It also emerged TSC was yet to release the August pay for the more than 280,000 teachers, despite the early preparation of the payrolls. TSC had processed the payrolls unusually earlier apparently to back their arguments before the Court of Appeal that it was too late to implement a pay rise.

The appellate court, however, ordered TSC to implement the pay hike beginning August 1 and the State unsuccessfully contested the directive at the Supreme Court.

Yesterday, the higher court directed TSC that the relief sought can only be granted at the lower court that will decide on the matter later this month.

KNUT National Executive Council (NEC) voted to ratify the industrial action that has seen teachers boycott classes.

The union's Secretary General Wilson Sossion said no new strike notice shall be issued as the teachers only activated the industrial action that was suspended early this year. Striking teachers had called off their work boycott to submit to arbitration by the Employment and Labour Relations Court, which would later award them the disputed package.

"Knut issued a strike notice on December 28, 2014. The Employment and Labour Relations Court did not declare the strike illegal. Therefore, legally, as long as the strike is a right granted in Constitution, we are within the law," declared Sossion.

He said TSC must not expect any letter of notice from Knut. "They should seek proper legal interpretation on the same," added Sossion.

Sossion, however, acknowledged the ongoing strike was unique, saying, "...contrary to usual practice of top union leadership asking members to boycott work, it is teachers who have asked us to join them. I hereby through the NEC and according to Constitution declare a full strike. To all teachers, do not move near any learning institution. Parents, hold your children for a little while."

He told the State, "The ball is in your court, honour the court order."

Sossion argued the Government only requires Sh1.4 billion to kick-start implementation of the court order.

He claimed some Sh66 billion was looted through tax evasion, adding that settling teachers' pay was then not a huge undertaking.

"In any case, teachers and civil servants alone contribute some Sh269 billion annually to the Government, yet the lowest paid staff at TSC staff takes home some Sh35,000 while lowest paid teacher takes home Sh16,000," Sossion said.

Knut National Chairman Mudzo Nzili faulted the Government for failing to honour the Supreme Court ruling, whose decision granted them legitimacy after the disputed 2013 presidential vote.

"When there was a contest following contested elections, the Supreme Court restored peace in the country. Kenyans moved on and that's the wisdom of the Supreme Court. The same court has given teachers what is rightly theirs. Is the Executive order greater than a court order?" Nzili asked.

Performance contracts

He said teachers will not relent in their quest to get better pay granted by the Employment and Labour Relations court.

"There comes a time when the court must enjoy its independence, there comes a time when everyone must enjoy the benefits of the law. We are not going to relent," vowed Nzili.

Nzili added, "There are people who are prepared to give teachers a serious headache. But teachers are also prepared to give them a perpetual stomachache."

Sossion accused the Government of peddling "half-truths" to blackmail teachers.

"They said teachers refused to sign performance contracts. We have never rejected this. In fact, we are under a thorough appraisal system," said Sossion, adding the Government has also accused Knut of being "insensitive to children's plight".

Last evening, TSC warned that any strike action emanating from the current circumstances is illegal and unprotected.

"Individual teachers who boycott work or engage in unprofessional conduct will certainly suffer consequences in accordance to the Teachers Service Commission Act and the code of regulations for teachers," said a statement signed by the head of communications.