Judge reprimands Kenyan government over ‘won’t pay, can’t pay’ stance

Judge Nelson Abuodha after the Employment and Labour Relations Court ordered the suspension of the ongoing Teachers strike for 90 days to give room for negotiations and return to class immediately.25/9/2015 PHOTO BY GEORGE NJUNGE

Labour Relations Court judge Justice Nelson Abuodha ordered teachers to resume work immediately for the sake of children, but found that the ongoing strike was within the law.

The judge noted that the stalemate between the unions and Teachers Service Commission was a “festering wound” for a long time, which the Government appears unwilling to resolve.

He blamed the recurrent strikes on the Government stating that it has not looked at the teachers’ affairs from the time of the Kenya National Union of Teachers (Knut) first secretary general Ambrose Adongo to this day.

Though the judge told the union officials to call off the strike, he was categorical that court orders must be followed to the letter.

He lashed at the Jubilee Government saying the ‘wont pay; cant pay’ proclamation was unreasonable and amounted to defiance of court orders.

Justice Abuodha noted that the teachers’ strike had already been politicised, a scenario which has created more tension between the parties.

“This court cannot be the surgeon and the same time be the pathologist to carry out operations of that which is dead. The Government has categorically stated that it won’t pay and can’t pay. This is not an approach that can be adopted by the Government and at the same time rush to the court to seek orders,” he ruled.

The judge maintained that no one was immune to the law and warned that the court would not entertain defiance.

Justice Abuodha ordered the Labour Ministry to appoint an arbiter within 30 days to ensure that the 50-60 per cent pay increment is implemented in full as ordered by the court and also arbitrate on the dispute.

“The Ministry of Labour shall appoint an arbiter within 30 days and both parties shall engage in negotiations within 90 days. If they will not have made an agreement, either party shall be at liberty to take any legal action against the other,” Justice Abuodha ruled.