The Employment and Labour Relations court in Nairobi has temporarily halted the secondary school teachers’ strike called by the Kenya Union of Post-Primary Education Teachers (KUPPET) pending further orders on September 5, 2024.
The Employment Court issued the order today following an urgent application by the Teachers Service Commission (TSC), the teachers’ employer, lodged yesterday Monday August 26, 2024.
Justice James Rika said the orders will remain in place unless varied on September 5, 2024 when the court will mention the matter.
“Pending hearing and determination of the Application inter partes, an order of temporary injunction is granted to the Petitioner, restraining the Respondent, its officials, members, employees, agents, or other person acting on its behalf, from withdrawing labour and / or commencing, engaging in, participating or continuing to participate in the intended industrial action, set to commence or 24th August 2024, or any other time thereafter.” The judge ruled.
The court ordered TSC to serve the Respondent and Interested Party who wil in turn have seven days to file their respective responses.
TSC moved to court after KUPPET-allied teachers in some parts of the country commenced a nationwide strike on Monday citing unresolved grievances.
KUPPET maintained that the union will continue with its strike until the government heeds to its demands.
The union sustained its push for a strike even as the rival Kenya National Union of Teachers (KNUT) conceded to government’s call for time to address tabled demands.
KNUT directed teachers to report to work for third term withdrawing its strike notice just hours after KUPPET voted to endorse the job boycott.
Both Unions had issued strike notices set to begin yesterday but the Kenya National Union of Teachers (KNUT) withdrew the notice hours to the commencement day.
The demands include the implementation of the second phase of the 2021-2025 Collective Bargaining Agreement (CBA), the promotion of teachers, the absorption of Junior Secondary School (JSS) teachers on a permanent basis, and the reinstatement of their medical cover.
However, the government argues that these issues should not be the basis for the strike.
KNUT Secretary General Collins Oyuu said the union will pursue outstanding areas of concern for teachers administratively.
“The NEC having considered all options in the developments of these matters and the level of commitment by both the Government, the Employer (TSC) and the Teachers’ position in driving the Education Agenda has today directed the Secretary General to withdraw the strike notice.” Oyuu said.
The union called off the strike amidst uncertainty over the conversion of 46,000 intern teachers to Permanent and Pensionable and the employment of 20,000 additional teachers to address a teachers’ shortage.
KNUT had also raised concerns on TSC’s failure to provide a time frame and framework of promoting teachers.
The union noted that the TSC had confirmed the promotion of 51,232 teachers with no commitment on the status of the remaining 78,768 teachers.
