Trade Unions calls off strike after industrial court issues orders

Trade Unions Congress of Kenya Secretary General Wilson Sossion. (Photo:File/Standard)

A general workers' strike scheduled for today to protest the new higher National Hospital Insurance Fund rates has been called off.

The Trade Unions Congress of Kenya (TUC-Ke), an umbrella body for teachers and civil servants' unions, formally called off the strike Sunday, citing a court order against the industrial action.

The decision to call off today's strike was made Sunday after the congress officials learned of the court order issued last Friday.

"We will obey the court even though we have not seen any order requiring us to be in court on July 9," said TUC-Ke Secretary General Wilson Sossion.

Mr Sossion said TUC-Ke was disappointed with the issuance of ex-parte orders that have far-reaching implications on workers when there is no emergency.

"We have seen courts declining to issue ex-parte orders and directing applicants to serve the other parties and go back for hearing inter-partes in a few days. Why was this not done in this case?" he asked.

The strike notice was issued on June 9.

Speaking at a press conference Sunday, Sossion said the union had not received the order formally.

The new rates, which took effect in April, have seen formal sector workers earning Sh5,999 and below pay Sh150 while those taking home Sh100,000 and above parting with Sh1,700.

The Kenya National Union of Teachers (Knut) Sunday warned that the education sector would face a crisis if the Government moves to Court of Appeal to stop the 60 per cent salary increment awarded to members.

The union said the Government should be prepared to face the consequences, adding that it would paralyse operations by calling a strike.

"Teachers want to make a crystal-clear stand that any gymnastics on the part of the Government intended or designed to delay the implementation of the judgement shall be met with industrial action," Sossion, who is also KNUT Secretary General, warned.

Sossion also told the Salaries and Remuneration Commission to keep off the deal awarded to them by the Industrial Court, saying the Teachers Service Commission was better placed to handle the issue.

This comes days after Education Cabinet Secretary Jacob Kaimenyi announced that the Government will appeal against the decision of the court to award teachers the package to be backdated to July 2013.

Prof Kaimenyi, who appeared before Members of Parliament on Tuesday, warned that the Government cannot pay what it does not have or be forced to do so.

In his judgement, Justice Nduma Nderi said teachers' basic salary was below the consumer price index, adding that teachers' allowances would first be harmonised to match other public servants.

Sunday, Sossion said the public will be closely watching the performance of the courts to see whether they would live up to their oath of office under the Constitution, as far as the salary increment concerned.