The ongoing tensions between the Kenya Union of Post Primary Education Teachers (KUPPET) and the Teachers Service Commission (TSC) have escalated, with both sides adopting firm positions that could result in disciplinary action against teachers. This follows a prolonged strike, initiated by KUPPET members, despite a court order mandating the cessation of the industrial action.
At the heart of the dispute are grievances related to salary arrears, delays in implementation of the Collective Bargaining Agreement (CBA) for the 2021-2025 period, and unresolved issues affecting teachers’ welfare. The conflict has disrupted education in Kenya’s secondary schools, as teachers demand their rights while the TSC maintains that legal and procedural processes must be respected.
TSC Warns of Disciplinary Action
In a letter dated August 29, 2024, TSC warned KUPPET that teachers participating in the ongoing strike are risking disciplinary measures. The letter, signed by Calvin Amyuor on behalf of the TSC Secretary and Chief Executive Officer, reiterated the Commission’s commitment to resolving the dispute but urged the union to comply with the law. TSC emphasized that it had already addressed key grievances raised by KUPPET, including the implementation of the final phase of the CBA and the payment of salary arrears backdated to July 1, 2024.
The TSC cited a court order issued on August 27, 2024, which required KUPPET to withdraw from the strike and resume negotiations with the Commission. In the letter, TSC urged the union to respect the legal ruling and return to the negotiating table to avoid protracted legal battles.
“The Commission has also resolved all the grievances raised by the Union vide its letter dated 19/8/2024,” the letter stated. “To this end, in compliance with the terms of the Court Order dated 27/8/2024 and duly served upon yourselves, it is the Commission’s position that the Union complies with the Order of the Court and withdraw the ongoing industrial action.”
TSC went further, hinting at possible disciplinary action for teachers who continue to defy the court order. “The Commission is ready to engage with you at the earliest opportunity once you comply with the orders of the Court,” the letter concluded, making it clear that failure to comply would have consequences.
KUPPET’s Stand on the Strike
In response to TSC’s letter, KUPPET’s Secretary General, Akelo Misori, addressed a letter to the TSC, expressing the union’s willingness to negotiate and resolve the matter amicably. Dated the same day as TSC’s letter, KUPPET’s correspondence highlighted the union’s commitment to resolving the dispute through dialogue, even as the strike continues.
“KUPPET is pleased to address you on the above-referenced subject,” Misori’s letter read. “In light of the fast-moving dynamic of the strike, in particular the proceedings instituted in court by the commission, we would wish to handle the matters with you to avoid any protracted battles.”
The union emphasized its position as a law-abiding organization and expressed readiness to comply with the court order, albeit with some reservations. Misori noted that KUPPET had always preferred stakeholder engagement over an adversarial approach and expressed optimism that the ongoing dispute could be resolved through continued dialogue.
“You can rest assured that KUPPET is a law-abiding institution, hence our readiness to resolve the issues amicably and without prejudice,” the letter stated. “The union has never preferred the adversarial route as opposed to stakeholder engagement.”
The Root of the Conflict
The ongoing dispute between KUPPET and TSC has its roots in the implementation of the 2021-2025 Collective Bargaining Agreement (CBA), which outlined various financial benefits and improved terms of service for teachers. KUPPET members have expressed frustration over delays in the payment of salary arrears and perceived reluctance by TSC to fully implement the agreed-upon terms.
In recent months, KUPPET has escalated its demands, accusing TSC of failing to address key issues affecting teachers, including inadequate compensation for additional responsibilities, poor working conditions, and lack of career progression opportunities. The strike, which has been ongoing for several weeks, is the culmination of growing dissatisfaction among teachers who feel that their grievances have not been adequately addressed.
TSC, on the other hand, maintains that it has acted in good faith by implementing the final phase of the CBA and paying salary arrears backdated to July 1, 2024. The Commission has also insisted that all other grievances raised by KUPPET have been resolved, and that the ongoing strike is therefore unwarranted.
Impact on Education
The impasse between KUPPET and TSC has had a significant impact on Kenya’s education sector, with thousands of secondary school teachers participating in the strike. Students across the country have been affected, as classes are disrupted and learning outcomes suffer. The strike has also raised concerns among parents and education stakeholders about the long-term consequences of the ongoing conflict.
Education Cabinet Secretary, Hon. Dr. Alfred Mutua, has called for an urgent resolution to the dispute, urging both parties to prioritize the interests of students and the country’s education system. Speaking at a recent press conference, Dr. Mutua emphasized the need for dialogue and compromise, noting that the government is keen to see the matter resolved as quickly as possible.
“The education of our children is at stake, and we cannot allow this impasse to continue indefinitely,” Dr. Mutua said. “I urge both TSC and KUPPET to come together and resolve their differences in the best interests of our students.”
Legal and Political Implications
The ongoing strike and the accompanying legal proceedings have also raised questions about the broader legal and political landscape in Kenya. Labor unions, particularly those in the education sector, have traditionally played a strong role in advocating for workers’ rights, and the current dispute is seen by some as a test of the government’s commitment to honoring collective bargaining agreements.
While KUPPET has vowed to continue pushing for its demands, TSC’s reliance on the courts to resolve the dispute suggests a more hardline stance. The court order issued on August 27, 2024, represents a significant development, and how both sides respond in the coming days could determine the outcome of the strike.
There are also concerns about the potential for further strikes or industrial action in other sectors, should the TSC-KUPPET dispute escalate. The handling of this case is likely to set a precedent for future labor disputes, particularly in the public sector.
Conclusion
As the standoff between KUPPET and TSC continues, the future of Kenya’s education system hangs in the balance. With both sides firmly entrenched in their positions, it remains to be seen whether the ongoing strike will be resolved through dialogue or whether further legal battles will ensue. For now, teachers remain at risk of disciplinary action, while students and parents await a resolution that will allow normalcy to return to schools across the country.
The situation underscores the importance of effective labor relations and the need for timely implementation of agreements to avoid protracted conflicts. As Kenya’s education sector grapples with this latest challenge, all eyes will be on KUPPET, TSC, and the government to see how they navigate the complexities of this dispute and find a way forward that benefits all stakeholders.
