Kuppet eats humble pie, calls off strike with same deal it rejected

Teachers Service Commission CEO Nancy Macharia flanked by KUPPET Secretary General Akello Misori and other union members during a press conference calling off teachers strike on Sept 2, 2024. [Edward Kiplimo, Standard]

The Kenya Union of Post-Primary Education Teachers (Kuppet) has suspended the tutors' strike after a week of disruptions in secondary schools' learning across the country.

The decision comes after the union was presented with the same offer it rejected a fortnight ago, but was embraced by its sister union, Kenya National Union of Teachers(KNUT) and saw the latter call off their strike hours before the reopening of schools last week.

The Standard has established that an order from a higher office pushed the union to suspend the strike after it became clear that the government would not commit to any additional demands.

High-placed sources within government circles intimated that a directive was issued to all sides at yesterday's meeting at Teachers Service Commission (TSC) headquarters that the sitting had to end with an understanding to end the industrial action. There was no other option, sources said.

It also emerged that TSC and the government had resolved not to sign any return to work agreement. 

No such document was signed yesterday. Instead, the same statement that was presented at the Kenya School of Government meeting was read, dealing a major blow to Kuppet. 

Two weeks ago, at the Kenya School of Government, both KNUT and KUPPET were assured of Sh13 billion for the second phase of the Collective Bargaining Agreement (CBA) which was the top most demanded by the unions.

It emerged, that after the release of the billions for CBA, the government was not ready to release additional money. 

The two unions were also assured that the Junior Secondary School (JSS) teachers would be absorbed on permanent and pension terms in January. 

In addition to these, the meeting chaired by the teachers employer also announced the resumption of the teachers' medical cover after medical service providers had refused to offer services due to unpaid dues.

The unions also wanted the remittance of third-party deductions which include monies teachers had borrowed from banks and saccos but were not sent to the creditors despite deductions on their payslips. 

In the meeting two weeks ago, TSC indicated that the remittance has been done.

The meeting also agreed that TSC would promote 51,000 teachers, at the beginning as it considers the rest of the 130,000 the union claims had stagnated.

This formed the basis for which the Kenya National Union of Teachers called off its strike.

But even with these offers, Kuppet pushed on with the strike, insisting that JSS teachers be converted to Permanent and Pensionable (PP) terms. 

On Sunday, Kuppet added new demands, including a review of continuous progression guidelines that they termed punitive and have led to stagnation of teachers in various job groups since they were launched.

They also wanted compensation for teachers serving administrative duties in an acting capacity. 

The negotiations also came against the backdrop of a court case that suspended the strike last week.

With a court order suspending the strike and the looming danger of victimisation of its members, Kuppet had run out of options.

Sources in Kuppet also indicated that the union had resolved on Monday to meet TSC and call off the strike.

The deal reached yesterday mirrors the same agreement offered a fortnight ago and has sparked criticism over its effectiveness. 

Some argue that the union's decision to suspend the strike was weak, while others question the benefits achieved through the action.

Suspension of the strike paves the way for the start of the third term, with over 125,000 Kuppet members expected to return to their classrooms today.

Kuppet Secretary General Akelo Misori and TSC CEO Nancy Macharia told a joint press conference that the strike had been called off to allow pending matters to be addressed.

“The Collective Bargaining Agreement has been paid, medical cover restored and on issues of teacher promotion, TSC is looking for money to promote as many teachers as possible and is discussing on confirmation of teachers in acting positions,” Misori said.

Macharia also said teachers who took part in the industrial action will not be victimised.

“We are cognisant of the fact that our teachers are very hardworking and we met with the unions today because the children are greater than all of us and we are joining efforts to ensure they cover the lost time,” Macharia said.

The remaining issues will be resolved during the suspension of the strike, Kuppet Secretary General Akelo Misori said.

"From the union side, we suspend the strike and ask all our teachers to go back to class pending the speedy resolution of these matters as already agreed on between us and the commission," he said.

Misori said further communication will be made by the union based on the outcome of a court ruling expected on Thursday.

Dr Macharia said the parties agreed to pursue alternative dispute resolution as provided for in the recognition agreement between the union and the commission.

Macharia also said completion of the 2021-2025 CBA, will now give way to negotiations of a new pay deal to cover the period 2025-2029.

In addition, TSC said they had opened a review of the Career Progression Guidelines (CPG), 

She further indicated that the commission has plans to compensate teachers serving in administrative positions in acting capacity. 

"We are committed to ensuring the welfare of our teachers and providing them with necessary resources to deliver quality education," Macharia said.

Meanwhile, the focus now turns to the recovery of time lost during the first week of the strike.

With just eight weeks to go before the national exams, the loss of instructional time due to the strike is raising concerns about learning disparities and the potential need for exam adjustments.

Students have already lost up to 36 lessons in the first week of the strike alone.