Why Knut withdrew strike threat after talks with TSC

On realising that the Teachers Service Commission (TSC) had not honoured the second phase of the 2021/2025 collective bargaining agreement salary award in July 2024 pay slips, the Kenya National Union of Teachers (Knut) wrote to the employer on August 5 2024 demanding for a meeting.

On August 6, 2024, TSC wrote back acknowledging receipt of Knut's letter but informed us that it would only revert after internal consultations. This did not happen and on August 12, 2024, the union wrote a reminder, which was equally ignored. This prompted the union to issue a strike notice on August 16, 2024.

The union cited reasons why the teachers were to go on strike. The union demanded immediate implementation of the second phase of 2021/2025 amended CBA signed between TSC and Knut, immediate remittance of the third-party deductions accrued to their respective organisation, immediate conversion of 46,000 Junior School teachers to permanent and pensionable terms and employment of 20,000 new teachers, promotion of 130,000 stagnated teachers on various job grades and immediate remittance of capitation to the medical insurer to allow service providers offer medical services to teachers and their families.

The employer invited the union, in a letter dated August 19 2024, to the Kenya School of Government. In the deliberations, the five demands were tabled for discussion. The second phase of the salary award for teachers was given and factored into their salaries for August 2024, including the July arrears. This was the main reason the unions had declared the strike action. Failure to honour would have set a bad precedence for future engagements and also curtailed the spirit of the CBA framework.

Third-party deductions were remitted to commercial banks, teachers' saccos, teachers investment schemes and other legal liabilities therein. The engagement between the employer and unions on August 21 gave some insight into how best the issue can be addressed.

On the promotion of teachers, the commission informed us it had already promoted 51,232 teachers through competitive interviews and the process is ongoing. Additionally, the commission informed us that it had promoted several teachers through deployment to junior schools, in this case, teachers would automatically move a grade higher.

For instance, a teacher in C1 would move to C2 and even transit to the secondary school teachers' Career Progression Guidelines. The numbers involved needed administrative engagements for accuracy. A technical committee between Knut and TSC is already working on the numbers and a framework through which the process would run smoothly.

On the teachers' medical scheme, the commission assured teachers of continued access of services in both public and private hospitals. This assurance was not satisfactory, it led to another administrative meeting between Minet, TSC and Knut on Tuesday, August 27, 2024. Challenges addressed included procurement of service providers, the turnaround time in pre-authorisation of services, inadequate capitation for out-patient services and delay in paying service providers.

As much as these challenges continue to emerge on teachers' medical coverage, the unions, the employer and the insurer have an existing framework through which challenges are addressed as they come. The structure called the county medical insurer's governance council meets termly to assess the situation of service delivery to teachers.

On the matter of the conversion of 46,000 intern teachers to permanent and pensionable terms and employment of 20,000 more teachers, the commission committed to pushing the Treasury to fund the budget since the courts have already pronounced themselves on the matter.

Additionally, the Kenya Kwanza government has committed to employing enough teachers to curb teacher shortage and improve the quality of teaching and learning in line with the 2030 Agenda for Sustainable Development. This was adopted by all United Nations Member States in 2015, which provides a shared blueprint for peace and prosperity for people and the planet.

These teachers must be employed so that they help in the implementation of CBC. Knut is committed to ensuring that teachers are employed through collaborative engagements with the State and other partners of goodwill. The biggest win for unions in the envisioned strike was not the remittance of third-party deductions, promoting the 130,000 teachers, the conversion of 46,000 intern teachers to permanent and pensionable and employment of 20,000 more and the teacher's medical scheme; it was honouring the CBA, which is overdue by paying the second phase of the teachers' salary rise by Section 3 on effective date and duration and specifically Section 3.3 which states that components of a running CBA can only be repealed by a new one.

Holding on to this ending CBA meant unions would not have the locus to commence a new agreement. Unions have a great opportunity to address pending issues in the 2025/2029 CBA. Moreover, TSC must conduct a fresh job evaluation exercise that will inform a new career progression guideline which will guide fresh negotiations for the new CBA.