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The Nairobian

Court rules University lecturers' strike unlawful

Education

By Nancy Gitonga | Oct 30, 2024

**Lecturers at Egerton University sing solidarity songs during the launch of their strike under the leadership of UASU National Secretary General Dr Constantine Wasonga on October 17,2022.** [Kipsang Joseph, Standard]

The Labour Court has declared the ongoing university lecturers' strike illegal.

Justice Agnes Nzei of the Employment and Labour Relations Court has ruled that the strike called by the University Academic Staff Union (UASU) is unlawful on the grounds that their current demands are subject to negotiations as per the return-to-work formula signed between the union and the Ministries of Education, Labour, Treasury, and the Salaries and Remuneration Commission (SRC) entered on September 26, 2024.

Justice Nzei has also barred UASU officials from calling or instigating their members to participate in any strike.

"The strike called by the Respondent (UASU), set to commence on October 29, 2024, is hereby declared unprotected. The Respondent and/or its officials are restrained from inciting their members to participate in this unprotected strike," Justice Nzei ruled.

However, she directed the government and the lecturers to return to the negotiation table to develop a return-to-work formula aimed at reaching a mutual agreement on the disputed issues.

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The judge also granted Attorney General Dorcas Odour and the ministries of Education, Treasury, Labour, and the SRC 14 days to respond to a lawsuit filed by the Inter Public Universities Councils Consultative Forum of the Federation of Kenya Employers, challenging the ongoing strike.

The case will be mentioned on November 28, 2024.

These orders come hours after public university lecturers downed tools across the country over the government’s failure to address their demands as stipulated in the 2012-2025 Collective Bargaining Agreement (CBA).