Court stops teachers’ strike pending case hearing next month

The High Court yesterday temporarily stopped the ongoing strike called by the Kenya Union of Post Primary Education Teachers (Kuppet) pending the hearing of a case filed in court by the Teachers Service Commission (TSC).

In a reprieve to thousands of learners who are reporting to schools for the Third Term this week, the Employment and Labour Relations Court judge James Rika in a short ruling directed the striking teachers, mainly drawn from secondary schools to report to classes immediately.’

The TSC had moved to court seeking orders to have the strike halted pending the hearing of the case it has filed against the union.

“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 on 24th August 2024, or any other time thereafter,” read part Justice Rika’s orders.

The judge directed Kuppet which is listed as the respondent, and the Ministry of Labour and Social Protection which is listed as an interested party, to file their respective responses within seven days of service. The matter will be mentioned on September 5. The orders came as thousands of teachers made good on their threat to stay away from schools, paralysing learning in most parts of the country.

Resume lessons

The worst affected were secondary schools, where no learning took place, as teachers heeded calls from their union Kuppet not to resume lessons until their demands are met by the government and the TSC.

But learning in most primary schools got off to a slow start on the first day of the third term, with most parents adopting a wait-and-see attitude following the strike calls.

While calling the nationwide strike on Sunday, Kuppet Secretary General Akello Misori had accused TSC of employing teachers on casual terms, a move he says is a strategy to employ cheap labour which could threaten the quality of education in the country.

Misori further accused TSC of discriminating against teachers where those who have been hired on as casuals are working in the same environment as teachers with similar qualifications but with better terms.

“There being no imminent resolution of the members’ (Kuppet) grievances by the expiry of our strike notice, the meeting resolved to press ahead with the strike from Monday, 26th August,” read part of a letter by Kuppet to Kenya Secondary School Heads Association (KESSHA).

Speaking after touring several schools in Nairobi, Machakos and Kajiado counties to assess the situation on Monday, Education Cabinet Secretary Julius Ogamba implored Kuppet mermbers to review their stance and call off their strike so as to ensure the national examinations period is not disrupted.

Remaining issues

The government had addressed nine of the ten demands the union had tabled for discussion, and the remaining issue was being addressed by the Ministry of Labour, Ogamba said at Lenana School Primary.

“The government has demonstrated goodwill and readiness to address all the issues raised. We therefore see no reason for a confrontation,” he said, noting that the examination period requires calm so that students could transition to the next level of their education without interruption.

“I have sampled a few schools to witness and confirm the resumption of school operations for the third term. I have also had occasion to monitor the progress of the construction of Grade Nine classrooms.”

Resources, he said, had been provided for the implementation of teachers’ 2021-2025 Collective Bargaining Agreement, including for training to prepare them for the Competency Based Curriculum.

“The government has given due priority to teachers, despite the various competing needs and the very difficult economic circumstances that we are operating in as a country,” he said, explaining that this is why the government will go out of its way to improve their terms and conditions of service.

On its part, KESSHA had in a statement released on Sunday night urged parents to ignore the strike calls and ensure their children reported to schools yesterday morning.

“With regard to the looming teachers’ strike occasioned by a labour dispute between teachers’ unions and the TSC, KESSHA in collaboration with the Ministry of Education and the TSC would wish to assure all the parents and the learners countrywide that the learners’ welfare and well-being will be safeguarded,” said a statement signed by the association’s chairman and Murang’a High School Principal Willie Kuria.

“Subsequently, parents are advised to prepare learners for third term school reopening starting 26th August 2024.”