Why President Uhuru Kenyatta must stop paralysis in education sector

With the rift between teachers and the Government over the disputed 50-60 per cent salary increment widening by the day, attention is now on President Uhuru Kenyatta.

Will President Kenyatta step in and save millions of students in public schools, whose parents cannot afford education in private ones? Will he step in to save the lofty ideals that were captured in Jubilee's manifesto on education prior to 2013 General Election?

"ORCHESTRA KUPPET BAND":KUPPET Chairman Omboko Milemba leads other union officials in playing the sufurias after addressing the press where he called on the government to pay teachers immediately or recall students from school and asked teachers countrywide not to report to school for third term on 1st september 2015. (PHOTO: TABITHA OTWORI)

That a crisis is looming was apparent after teachers stayed away from classrooms for the second day in the shortest term in the country's academic calendar. The disruption is especially costly to candidates in Standard Eight and Form Four who are about to sit national examinations in a few weeks. This is a critical phase of revision of the syllabus when the guidance of their teachers is most needed.

And the need for Uhuru's direction became even more urgent after both parties in the dispute maintained their hard line positions, with the teachers ruling out any further negotiations and the Treasury adopting a can't-pay-won't-pay stance. Yesterday, Treasury Cabinet Secretary Henry Rotich said the Government could not raise the Sh17 billion required to pay teachers the salary increment awarded by the courts.

No surplus

"Where is the money? The Government has no money to pay teachers. The ministry will wait for the Salaries and Remuneration Commission (SRC) to complete its job evaluation exercise and give out the new salaries guidelines to be used. In the meantime, we will still pursue the legal angle," said Mr Rotich who described the award as unrealistic, unsustainable and impractical.

He was referring to a move by the Teachers' Service Commission (TSC) to return to the Supreme Court to pursue a review of its directive that it could not block the order to pay teachers given by the Court of Appeal, which is hearing an application by the TSC challenging an earlier award by the Industrial and Labour Relations court.

Rotich accused teachers of attempting to sidestep the SRC by choosing to pursue a pay rise through the courts. But the Kenya Union of Post Primary Education Teachers (KUPPET) stated that it is the Government that moved to the Industrial Court to end a nationwide strike earlier this year and it was only fair that it abides by the court's directive.

"Kenyans should remember that it's the Government that took us to court and not the other way round. In the present circumstances, negotiations are not feasible," said KUPPET Secretary General Akello Misori.

Mr Misori dismissed Education Cabinet Secretary Jacob Kaimenyi's call for dialogue, saying time for talks is up and the Government should instead obey the court order. The Trade Unions Congress of Kenya (TUC-Ke) backed teachers in their fight. General Secretary Charles Mukhwaya argued that TSC took the unions to court but failed to prove their case and hence should honour the ruling.

"The Government should have paid the teachers by midnight August 31 and since they failed to do so, TUC-Ke fully and firmly supports the intended industrial action by Knut and KUPPET," said Dr Mukhwaya.

Rotich explained there was no provision in the budget for the teachers' salary raise. He also expressed Government fears that giving in to teachers' demands could trigger similar industrial action by other sectors.

"As a Government we must handle this issue with caution or else other sectors will also be waiting to push for better pay. Really for equity in the public sector, we must have a structured remuneration that cuts across all sectors," Rotich told journalists after a Senate committee meeting yesterday.

"The police, civil servants and everybody else will now want an increase to be harmonised with the teachers. The financial implication will be colossal," read a Treasury brief that explained there was no cash surplus as Sh1.2 trillion had been budgeted as follows: Sh260 billion for counties, Sh360 billion to service debts and Sh600 billion for the wage bill.

Rotich cited the ballooning wage bill, which he noted stood at 55 per cent, adding the economy cannot support any higher wages. "Teachers are requesting for a pay hike yet it was not provided for in this financial year and therefore they must do with what is available. We must also recognise the role of constitutional institutions like SRC," he added.

The CS argued during budget making process, they did not envisage any challenges arising from the teachers' demand for increased pay since only Sh19.7 billion was budgeted for harmonisation and allowances in the public service.

"It is not affordable. The Supreme Court said the matter is not within its jurisdiction. What is the practicability of these demands when resources are unavailable," he said adding he is unable to present a financial proposal to the National Assembly Budget and Appropriation committee to resolve the standoff.

He explained, "The budget process is two way, the recurrent and expenditure. I cannot present a one-sided proposal, I must explain where to get the funds. We can only implement something with physical sustainability."

Budget committee chairman Mutava Musyimi had indicated that his committee was ready to deliberate on the proposals by the Treasury.

However, the unions accuse the Government of dishonesty arguing it is only when it comes to teachers' grievances that authorities say there is no money. MPs and members of county assemblies arm twisted the State to secure hefty perks.

Misori questioned why the State plans to bail out Kenya Airways with a staggering Sh60 billion and rushed to pay an Anglo Leasing debt amounting to Sh1.4 billion, but could not respond with the same speed when it comes to teachers.

Mukhwaya said the Government loses a lot more annually to corruption. "Currently the Government loses up to Sh137 billion annually through tax evasion. Let them seal these loopholes and we get the money," said Mukhwaya.

Election ruling

He added, "We have enough resources in this country to give the teachers the raise they are asking for and the Government should not think of over taxing Kenyans. No government works without contingency plans so they should not say they do not have money. Where did they get the money to bail out Mumias Sugar Company and Kenya Airways?"

He asked the President to ensure that the ruling by the Supreme Court is honoured. "It is the same Supreme Court that ruled in favour of the President in 2013 after the elections and the decision was honoured," Mukhwaya said.

Misori dismissed TSC sentiments that both KUPPET and KNUT had not issued a strike notice, arguing that they issued a strike notice in January and only suspended it to allow court arbitration.

"We have told all our teachers to gather at the unions' branches and then proceed to their respective banks to check if the Government has paid. If they have not then you should stay at least one kilometre away from school," he added.

Rotich said the options available to raise the funds included borrowing, getting a grant or raising taxes, which the Treasury now says may not be feasible.