Striking teachers defy court order, series of meetings to end stalemate

A flurry of meetings and a court order marked the government’s last-ditch efforts to end the teachers’ strike.

The Standard has established that the teachers’ employer will issue show-cause letters to those who disobey a court order. Justice James Rika granted a temporary injunction, restraining the Kenya Union of Post Primary Education Teachers (Kuppet) and its members from withdrawing their labour.

“Pending hearing and determination of the application inter partes, an order of temporary injunction is granted to the petitioner, restraining the respondent, its officials, members, employees, agents, or other persons acting on its behalf from withdrawing labor or commencing, engaging in, participating, or continuing to participate in the intended industrial action set to commence on August 24, 2024, or any other time thereafter,” Justice Rika ruled.

This decision now requires secondary school teachers to return to their classrooms for the new term beginning Wednesday.

The strike, which has focused on the plight of junior secondary school (JSS) teachers, is being led by Kuppet. On Tuesday, Kuppet officials opted to avoid media engagements amid reports that they were snubbed by the teachers’ employer on Monday.

The Teachers Service Commission (TSC) did not attend a meeting convened by the Ministry of Labour and Kuppet. The Standard has learned that the Monday meeting between Labour CS Alfred Mutua and Kuppet officials was part of an elaborate plan to end the strike, which has so far paralysed learning for two days. However, insiders said that the TSC failed to attend because there were no new details to present, and the union seemed unwilling to end the strike.

As the Monday meeting failed to yield results, another meeting between Members of Parliament and the JSS teachers took place. The MPs, through the Budget Committee and the Education Committee, met with the JSS intern teachers on Monday to persuade them to withdraw from the strike being championed by Kuppet.

After the meeting, JSS spokesperson Boniface Omari stated that they support the strike. “Although we met with the chairman of the National Assembly Budget Committee, Ndindi Nyoro, and chair of the Education Committee of Parliament, Julius Melly, they did not commit to our grievances,” said Omari.

He added that the intern teachers would only return to class after their demands were met. “We are supporting the strike 100 percent and have withdrawn our labor. For now, we have kept away from our workstations. We are taking part in the strike. If Kuppet has decided to stand for us, then that is our home if we get employed,” he said.

Nyoro commented, “We assured the team of our unequivocal support in confirming all 46,000 JSS interns into permanent and pensionable terms and that the budget for that exercise is available. We also advised them to get an audience with the Teachers Service Commission (TSC) to have the timelines and processes set, communicated, and made clear to all.”

After the two meetings failed to yield results on Monday, a court order issued on Tuesday temporarily halted the strike.

The Standard has learned that the TSC and Kuppet will have a second meeting today to seek ways to end the strike. Education Cabinet Secretary Julius Migos said the teachers’ demands had either been resolved or were on the negotiation table. 

“The Teachers Service Commission has worked round the clock to ensure all public school teachers are paid their July and August salary raises by Friday this week. We beseech those teachers who may not have resumed work to return to their workstations,” said Migos.

At the center of the strike is the fate of JSS intern teachers who have yet to secure permanent and pensionable employment, as promised by the government. Earlier negotiations between representatives of the intern teachers and the government agreed to employ 26,000 teachers in the first phase this July.

However, as lobbying intensifies, the fate of the teachers’ strike remains uncertain. As of yesterday, Kuppet had not instructed its members to return to class.

The Standard also learned that another strategy employed by the government is to ensure that all principals and school heads are in school. The TSC has placed school heads at the centre of ensuring the continuity of school activities and operations during the strike.

On Sunday, the Kenya Secondary School Heads Association (Kessha) asked parents to allow students to report back to school amid the strike.

“KESSHA, in collaboration with the Ministry of Education and the TSC, would like to assure all parents and learners nationwide that the learners’ welfare and well-being will be safeguarded while in the institutions of learning,” said Willy Kuria, the Kessha chairman, in a statement.

-Reporting by Lewis Nyaundi, Kamau Muthoni, and Mike Kihaki