KNUT, KUPPET test court’s powers in teachers pay gamble

By Isaiah Lucheli, Vitalis Kimutai and Lonah Kibet

Kenya: The country’s public education system was plunged further into crisis last evening as striking teachers and the Government each dug in their heels for a bruising end.

Hopes that learning would resume in public schools following the Industrial Court’s intervention early Monday were quickly dashed after the main teachers’ union vowed to disobey a directive to call off the strike.

Hours after the court ordered teachers to resume teaching this morning, defi ant Kenya National Union of Teachers (Knut) officials told their members to ignore the directive.

But Attorney General Githu Muigai warned teachers against disobeying the court order saying the defiance would be met with the full force of the law.

“I wish to advice the leaders of the teachers unions, the individual teachers themselves and the general public that the disobedience of court orders — contempt of court — is a grave offence under Kenyan law punishable by both a jail term and the imposition of a monetary penalty,” read a statement from the AG’s office. “Any person guilty of the disobedience of court orders shall be met with the full force of the law.”

Deputy President William Ruto termed erroneous suggestions the Government had allocated Sh53.2 billion to implement the laptop computer programs in primary schools. Ruto said Sh15 billion is earmarked for first phase of the project, electrification in 12,000 schools (Sh15.4 billion), equipping the schools with projectors and training of teachers (Sh5.8 billion) and Sh3.2 billion for refurbishing classrooms.

Laptop programme

“The laptop programme is well thought out and we are going all the way to implement it,” Ruto said in an apparent response to calls by unions and politicians to divert the money to settle teachers’ demands for allowances totaling Sh47 billion.

The tough talk by the Government and the defiance by Knut, representing more than 250,000 teachers, whose strike entered the second week, dramatically escalated the conflict.

The Teacher Service Commission (TSC) had moved to the Industrial Court last week to have the striking teachers compelled to return to work. 

Monday, Justice Linet Ndolo ordered all teachers to report to their work stations today at 9am and directed their unions to start negotiations with TSC.

The judge ordered Labour Secretary Kazungu Kambi to chair the separate talks with Knut and the Kenya Union of Post Primary Teacher (Kuppet).

Parties were directed to file a report on the deliberations in court by Monday.  The judge warned that those who fail to heed the order risked being sacked. Ruto directed Kambi and his Education counterpart Jacob Kaimenyi to initiate negotiations by Wednesday but asked Knut and Kuppet to be honest in their demands.

“The government directs the Ministry of Labour to convene an urgent meeting of the Salaries Remuneration Commission (SRC), the Teachers Service Commission (TSC) Consultative Committee on Terms and Conditions of Service of registered teachers and the two unions – Knut and Kuppet – to formulate a framework for negotiation,” Ruto told a press conference at his office Monday.

He added: “This framework will incorporate all outstanding issues and the government commits itself to honour any agreements through this legal and constitutional process.”

Authorities have also warned teachers’ that their June salaries would be withheld if they press on with the strike. Monday Knut chairman Wilson Sossion and acting Secretary General Mudzo Nzili told a press conference Monday that teachers would not report to work as directed by the court and dared Government to freeze their pay.

Human rights

“The government is engaging in dirty gimmicks by suspending teachers’ salaries yet they have worked for it. The move to us is gross abuse of human rights of teachers by a government keen on turning us into slaves,” Sossion said.

Kuppet officials were however cautious on their response to the court decision, saying their top decision making organ – the National Governing Council – would decide on way forward.

Kuppet Secretary General Akello Misori and national chairman Omboko Milemba also cited the order by the court.

 “We will consult our legal team and the NGC which is the decision making organ of the union on the matter. For now it is too premature to discuss the matter in-depth,” Misori said.

But Knut was adamant they would press on for the long haul and appealed to teachers in private institutions to join in the ongoing strike.

“We have sustained the unity of teachers for 56 years. We are very clear about that. Even if they spend ages and ages in the industrial Court they can never take away our rights,” Sossion declared. Earlier in court, Judge Ndolo had urged the warring parties to strike a compromise in public interest.

“When teachers go on strike children under their watch suffer.  However this fact cannot be used as a justification to push the rights of teachers under the carpet. Teachers rights must be protected too,” said Ndolo.

The judge directed TSC and Kuppet to negotiate in good faith but restricted the talks to commuter, leave and responsibility allowances. In the Knut case, the judge recalled the genesis of the dispute was the contentious amendment in 2003 that sought to revoke a raft of allowances under the 1997 legal notice.  The judge directed that the TSC and Knut should negotiate on the rationalisation and harmonisation of the teacher dues.

“The parties should stop commenting on the matter before the court outside the confines of the negotiating table. The reports will be tabled in court on Monday,” she said.

TSC represented by the Deputy Solicitor General Muthoni Kimani had submitted that a negotiation between the teachers and the government in 2003 had rendered the 1997 agreement null and void.

“Knut has failed to follow the laid down procedures and I pray to this court that it orders them back to the negotiating table. This honourable court should handle this matter to an end,” said Kimani. But the unions have maintained the strike is legal.

“The negotiation with Knut will be on rationalisation of the legal notice number 534 of 1997 and Legal Notice number 16 of 2003,” Ndolo directed. She added: “The engagement with Kuppet is on rationalisation of the commuter, medical, leave and responsibility allowances.”