Despite talks, no end to nationwide university staff strike

The nationwide strike by university staff, now in its second week, continues to paralyse learning in most Kenyan institutions after talks with government failed to convince staff to return to work.

Yesterday, 25 September, Labour Cabinet Secretary Alfred Mutua met union officials, seeking a return to work formula. The meeting resulted in an agreement to form an inter-ministerial team, involving various government entities and public universities, to negotiate and address the unions’ demands.

Despite this progress and the interdict issued by the Employment and Labour Relations Court, the unions have maintained their stance, vowing not to return to work until all issues are resolved, including those outlined in the 2021-25 Collective Bargaining Agreement (CBA). Discussions are set to continue as both parties seek a resolution to the ongoing dispute.

Tensions escalated on Monday 23 September when police used tear gas to disperse lecturers attempting to march to Kenya’s Parliament, the Treasury, and the Ministry of Education to deliver petitions. At least 21 lecturers were reportedly arrested during the confrontation.

The Universities Academic Staff Union (UASU) Secretary General Constantine Wesonga condemned the police action. “The government is using the police to force us back to classes. Will they understand what we are teaching there?” he quipped.

Court order

Justice Jacob Gakeri issued the order on 18 September 2024, in response to an urgent suit filed in the Employment and Labour Relations Court by the Inter-Public Universities’ Councils Consultative Forum.

The court’s intervention came just hours after members of the UASU and the Kenya Universities Staff Union (KUSU) had begun their industrial action.

The strike, which had already disrupted classes and examinations at several institutions, was called over longstanding grievances, including low pay, delayed salaries and the non-implementation of the CBA.

Justice Gakeri’s ruling temporarily restrains the unions from “calling, instigating, or inciting others to take part in any strike or other form of industrial action”.

“It is hereby ordered that the parties continue negotiating with a view to resolving the disputed issues consensually,” stated the judge in his directive. The case is set for further directions on 2 October 2024.

Strike felt across the sector

This legal intervention marks a critical juncture in the ongoing dispute between university staff and their employers. The unions had initiated the strike after a seven-day notice issued on 11 September expired. Their demands included a 7%-10% salary increment, prompt remittance of statutory deductions, and the implementation of a comprehensive medical cover.

Wesonga had earlier stated the unions’ firm stance: “We don’t want promises. We gave our proposal on 4 September 2020. If you are still asking for more time in 2024, think twice! We are also government employees and we want the 7%-10% that other service employees were given.”

This sentiment was echoed by KUSU Secretary General Charles Mukhwaya, who emphasised the extended window given to the government to respond positively to their demands.

The strike’s impact was felt across the country, affecting major institutions such as the Technical University of Kenya, Karatina University, Jomo Kenyatta University of Agriculture and Technology, South Eastern Kenya University, Multimedia University of Kenya, Maasai Mara University, Chuka University, and Co-operative University of Kenya. At Karatina University, striking lecturers reportedly stormed different faculties, demanding that their colleagues stop teaching and join the industrial action.

Staff disappointed in the government

The court’s decision to halt the strike has elicited mixed reactions. While university administrations have welcomed the move, union leaders have expressed frustration at what they perceive as a delaying tactic. UASU’s Wesonga declared: “We refuse to accept further delays in our compensation. We are ready for talks, but we will not return to work until a deal is reached.”

KUSU Secretary General Charles Mukhwaya highlighted the frustration felt by many university employees: “We came to the table to negotiate this CBA, but the response was disheartening: ‘There’s no money,’ yet we see funds being mismanaged and squandered as Kenyans face crippling taxes. This is unacceptable.”

The impact of the strike varied across different institutions. While some universities like Egerton saw lecturers opt out of the strike due to concerns over unpaid salary arrears, others witnessed full participation from their staff.

At Dedan Kimathi University of Technology, KUSU branch secretary Zakayo Wachira and his UASU counterpart, Reverend Anthony Mutwiri, expressed their disappointment with the government’s handling of the situation at a news conference.

Mutwiri pointed out the challenges with the new funding model, stating: “The new funding model has challenges. How can a university professor be paid from students’ fees yet, in our university, 300 students have taken academic leave this year alone?”

At Bomet University College, UASU official Obala Musumba emphasised the urgency of their demand: “We will push the government to accept, negotiate and implement the CBA 2021-25. We were to start negotiation for 2025-30, but we’re still begging.”

The strike has also brought attention to the issue of medical coverage for university staff. Mukhwaya called for the harmonisation of allowances for university staff and comprehensive medical coverage, stating: “Our proposals have been on the table since 2020, but we have not received adequate responses. We have issued a strike notice, and I assure you that we will continue our strike until our demands are met.”

Meanwhile, for students, the court’s intervention brought a temporary reprieve from the disruption of their academic activities. Many had been caught off guard by the sudden start of the strike, with some finding their examinations abruptly halted mid-session. The uncertainty surrounding the strike had raised concerns about potential delays in graduation dates and the overall academic calendar.

The ongoing dispute also raises questions about the sustainability of Kenya’s public university system. With many institutions already facing financial constraints, the demands for increased salaries and benefits pose a significant challenge.

The government’s ability to meet these demands while also implementing the new funding model for students will be crucial in determining the future direction of higher education in the country.

As the October 2 court date approaches, all eyes will be on the progress of these negotiations.

Meanwhile, university students were due to stage their own demonstrations on Wednesday 25 September against proposed changes to the national student loan scheme, creating a perfect storm of unrest in the higher education sector.

Student leaders at the Technical University of Kenya rallied support for the protest on Monday, marching around campus to raise awareness. Their primary concern is the government’s decision to establish committees for reviewing educational loans under a new scheme, which they argue is misaligned with student needs and the nation’s educational vision.

“Why do we need a Loans Committee when we’ve been clear that we don’t want loans?” asked Rocha Madzao, president of the University of Nairobi Student Association (UNSA). “The government should prioritise education for all. Why should they take billions of loans to invest in infrastructure while making us pay for loans for our education?”

UNSA has called for the immediate disbandment of the newly formed committees, particularly bands 4 and 5, which are set to oversee loan disbursements. The student body argues that the existing Higher Education Loans Board is sufficient to manage the country’s educational loans.