Independent commissions unions push for long-delayed CBA

Teachers Service Commission CEO Evaleen Mitei during the launch of 2025 National Examinations and Assessments Season. [File, Standard]

As pressure mounts on the government to put in check public spending, staff working in Kenya’s independent commissions and constitutional offices say they are paying the price through stagnated wages, low morale and eroding dignity.

Trade unions representing the workers have intensified calls for the immediate signing and implementation of a long-delayed Collective Bargaining Agreements (CBA), warning that continued delays threaten the independence and effectiveness of the institutions mandated to safeguard democracy.

Kenya Independent Commissions Workers Union (KICOWU) Secretary General Njeru Kanyamba says while teachers are represented by unions such as the Kenya National Union of Teachers (KNUT), the Kenya Union of Post Primary Education Teachers (KUPPET) and KSUNET, non-teaching staff in commissions must also be allowed effective representation.

“Those who are not in teaching should be allowed representation. We negotiate with employers, then we marshal our employees on the same,” Kanyamba said, noting that the Salaries and Remuneration Commission (SRC) had approved allowances for other civil servants while leaving out staff in commissions.

On Monday, during Teachers Service Commission (TSC) prayer day, chief executive officer Eveleen Mitei hinted that progress was being made toward a CBA for the secretariat staff.

“Staff welfare is a key pillar as we press forward to 2026,” Ms Mitei said.

“We have implemented two CBAs for teaching staff. Where is our CBA? The board conducted a job and workload analysis and approved the CPG 2023. We are pressing on implementing the CPG for secretariat staff,” Mitei added.

But Kanyamba cautioned that no CBA can be initiated or signed without the involvement of unions.

“The union has not been engaged in any discussion process. You cannot sign a CBA without a union. Who then represents the workers at the negotiation table?” he said.

For employees in watchdog institutions, the prolonged wait has become a symbol of neglect. As the government urges austerity, workers insist that fairness, dignity and respect for labour rights should not be casualties of fiscal restraint.

Speaking during a joint press briefing in Nairobi, union leaders said employees in commissions such as the Independent Electoral and Boundaries Commission (IEBC), the Ethics and Anti-Corruption Commission (EACC), the Commission on Administrative Justice and other constitutional offices have gone for years without a reviewed CBA, despite rising living costs and expanding workloads.

“These are staff who safeguard democracy, accountability and human rights, yet they are treated as an afterthought,” said Union of Kenya Civil Servants secretary general Tom Odege, adding:

 “A CBA is not a favour. It is a legal instrument meant to guarantee fair pay, decent working conditions and motivation. Denying workers a CBA undermines the very institutions they serve.”

According to the unions, negotiations on the CBA were concluded several years ago, but implementation stalled due to budgetary constraints and the lack of approval from the SRC and the National Treasury.

In the meantime, staff say their salaries have remained stagnant as inflation, housing costs and statutory deductions continue to rise.

“We are not asking for luxury. We are asking for predictable career progression, harmonised allowances and recognition of the specialised work we do. Some of us work long hours under intense public pressure yet our pay does not reflect that reality,” said Kanyamba.

Union officials argue that the failure to sign the CBA has created glaring disparities between workers in independent commissions and those in the mainstream public service, many of whom have benefited from recent salary reviews and allowances.

“It is unfair that an officer in a ministry doing similar work earns more than one in a constitutional commission simply because a CBA is sitting on someone’s desk,” said Kanjamba.

“This inequality breeds frustration and opens the door to high staff turnover, which weakens institutional memory.”

The unions warned that continued delays could trigger industrial action, although they stressed that dialogue remains their preferred option.

They called on the government to demonstrate goodwill by fast-tracking consultations between the SRC, the National Treasury and the leadership of the commissions.

“They have even denied us an opportunity to register staff into unions. We issued membership forms last year and they have been sitting on them for nearly two years,” said one union official.

From the government’s side, officials have previously maintained that any new CBA must align with the country’s fiscal realities.

An SRC official, speaking at an earlier forum, noted that “while workers’ welfare is important, remuneration decisions must be sustainable and consistent with the broader public sector pay framework.”

Labour experts, however, caution that overlooking CBAs in independent commissions could have serious long-term consequences.

“These institutions are designed to be independent from political interference. If staff feel economically insecure or undervalued, that independence is compromised, either through demotivation or vulnerability to external pressure,” said labour analyst Miriam Kilonzo.

As negotiations drag on, unions say the ball is firmly in the government’s court.

“Signing the CBA would send a powerful message that the state respects labour rights and values the people who uphold constitutionalism. You cannot demand integrity and excellence from workers while denying them dignity,” Odege said.