Egerton University crisis deepens as 14 lecturers suspended
The funding gap for lecturers in the cash-strapped Egerton University has more than doubled within the years prompting closure of the institution and suspension of the University Academic Staff Union (UASU) officials.
The fourteen lectures who are officials of the UASU Egerton University chapter were suspended following a strike that has been going on for the past two and a half months starting November 12, last year on claims of poor remunerations and non-compliance with their 2017-2021 collective bargaining agreement (CBA).
The suspension letter issued earlier this week cited absence from duty without lawful authority in contravention of the Labour Relations Act of 2007 as one of the grounds for the disciplinary action.
“The listed lecturers are suspended with immediate effect and have been declared as unwelcome to the university premises,” read the suspension letter.
The UASU officials were given a seven-day ultimatum to show cause why further disciplinary action should not be taken against them.
“You are required to show cause in writing why disciplinary action should not be taken against you. Your response, if any, should be made within seven days and not later than 14th February,” it stated.
The lecturers were further ordered to hand over their responsibilities and any university property under your care to their departmental heads and vacate office immediately.
However, the suspended lecturers have dismissed the move by the University Management Board saying their strike was legal.
The lecturers downplayed the move and maintained that their strike which involves all the university dons was protected.
The chapter chairperson, Mwaniki Ngari wondered why it had taken so long for the university management to realise that their strike was illegal.
Addressing the media in Nakuru, Ngari accused the university of shifting goals when they were too close to finding solutions.
“We have had five meetings with the management team after which a mediation committee that was tasked with seeking a middle ground between the dons and their employer was established,” he said.
“Instead of receiving an invitation for talks we were shocked that the university decided to issue suspension and show cause letters to union officials,” observed Ngari.
He added that the officials had high hopes of resolving the stalemate after meeting with the conciliation team but the management responded with suspension letters.
Ngari said the union members would not be intimidated into resuming duties adding that they will be relentless until the matter that has been recurring since 2017 is finally resolved.
Egerton University was indefinitely closed on November 26, 2021 to date following the strike.
Vice-Chancellor Prof Isaac Kibwage said the decision was arrived at following a meeting by the University’s Senate on the crisis.
“During the meeting, it was resolved that the university be closed indefinitely. We are still engaging the lecturers and shall recall the students immediately when we arrive at an agreement with them,” said Kibwage.
In a notice to the students and staff, the University Registrar in charge of Academic Affairs Prof Mwanarusi Saidi directed the students to vacate the university premises latest by Tuesday, November 30, 2021.
The lecturers under the leadership of UASU downed their tools in protest against what they termed as unfair labour practices by the university management.
Internal dispute resolution committee and the UASU officials have been holding a series of meetings at the university without reaching an agreement over their grievances.
Speaking during the launch of the strike Ngari said that the university had been making unclear payments to them.
“The university management has refused to address the problem of our salaries, enhancements and deductions for a long time,” said Ngari.
The university owes the staff salary arrears dating back to July last year when it slashed their pay by 40 per cent as part of its austerity measures during the Covid-19 pandemic.
“The university has continued to receive monies from the exchequer but the management doesn’t want to engage us on how the same should be utilized to unlock this stalemate,” said Ngari.
The lecturers are also accusing the management of mutilating a national Collective Bargaining Agreement (CBA) which they say a majority of other public universities have obeyed.
“The national 2017-2021 CBA was negotiated and upheld in a January 2021 court ruling. The refusal by Egerton University to implement it as others abide by its provisions raises questions about the management,” said Dr Grace Kibue, UASU Chapter Secretary.
The workers accused the management of blatant violation of their fundamental rights citing intimidation and use of demeaning language to address them
“Apart from the CBA, we had a return-to-work formula negotiated and signed in November 2020 for unpaid salaries dating back to July 2020. This reckless disregard of our rights is in stark violation of our Constitution, national and international labour laws,” said Kibue.
Kenya University Staff Union (KUSU) members are currently on a go-slow and have been joining UASU members in picketing.
KUSU Egerton Branch chairperson Kipchumba Ruto explained that the university had failed to remit statutory deductions made on their salaries.
“The University has not been remitting deductions for retirement benefits, health covers and third-party deductions such as bank loans despite slashing them off our pay. This has caused us embarrassment such as when we can’t afford our own health care or get auctioned,” said Ruto.
Kibwage has however maintained that the institution is cash strapped and they would engage in dialogue to reach an amicable solution as they wait for capitation from the National Treasury.
According to the latest report from the National Treasury, Egerton University reported Sh1.3 billion in deficits for the 2020/2021 financial year.
The Office of the Auditor-General said the university has liabilities that exceed its assets, casting doubt over their ability to sustain operations.
