Lecturers argued that strike was legal, in line with Constitution

The Employment and Labour Relations Court stopped the ongoing lecturers’ strike, terming it as illegal and unprotected.

“Universities Academic Staff Union should call off the strike and the employees to resume work on Monday, March 19, 2018 at 8.00 hours,” said Judge Onesmus Makau.

The judge directed Inter-Public Universities’ Councils Consultative Forum of Federation of Kenya Employers to present to the CS Labour her counter-proposal for the 2017-2021 CBA and serve Universities Academic Staff Union within 30 days from the date hereof for use in the conciliation process.

If the union complies with the orders her members shall not be victimised for participating in the strike.

“I find the strike not in compliance with the mandatory procedure provided for in the Labour Relations Act and Section 76(b) and 78(1) (e) of the Act”, the judge said.

Last week, the lectures argued that their strike was legal and in line with the Constitution. Public university VCs moved to court to overturn the strike, accusing dons of reneging on pay talks. But lecturers accused the VCs of failing to table a counteroffer to their 2017-21 CBA.

“We plead with the court not to give interim orders to stop the strike, as applicants are misleading the court,” they told Justice Makau.

The lecturers resumed a nationwide strike on March 1 over low pay, nearly three months after ending a similar protest. They have accused the Vice Chancellors’ Committee of sabotaging negotiations.

“Failure by the claimants to submit their counter proposal stalled negotiations. There was nothing to compare with the respondents’ proposal,” they said in their responses filed in court.