Akelo Misori Under Fire for Halting Teacher Strike Without Consultation, Striking “Raw Deal” With TSC.
Teachers nationwide have voiced their dissatisfaction with the abrupt end to their strike on Monday evening, accusing their union of striking an unfavorable deal with the Teachers Service Commission (TSC).
In response, several Kenya Union of Post Primary Education Teachers (Kuppet) branch executive secretaries, who are part of the National Governing Council (NGC), demanded the resignation of national officials who made the decision, alleging it was against the union’s constitution.
These officials, speaking to Nation, indicated their intent to push for the removal of the National Executive Board (NEB), which met with TSC officials on Monday and subsequently asked teachers to return to work.
Constitutional Breach
According to Article 22 (b) of the Kuppet constitution, only the NGC has the authority to initiate or terminate industrial action. The NGC, consisting of executive secretaries from 47 branches and 10 NEB members, is the union’s highest decision-making body.
Part (c) of the article explicitly states that no one shall call off a strike unless authorized by the NGC. On Sunday, the NGC convened in Nairobi and resolved to continue the strike into its second week. This decision remains binding on all union members, as the NGC has not officially rescinded it.
The NGC also resolved that any changes to the strike’s status or agreements with the employer should be discussed in a virtual meeting convened by Secretary-General Akello Misori.
However, this procedure was bypassed when the NEB unilaterally ended the strike after a day-long meeting with TSC officials, led by CEO Nancy Macharia, on Monday. Notably, Edward Obwocha, the Secretary for Secondary Schools, protested by walking out of the meeting.
Unexpected End to the Strike
The strike’s abrupt termination caught many teachers off guard, particularly those who had spent the day protesting in various towns across the country as the strike entered its second week.
This unexpected decision disrupted demonstrations and left some schools to send learners home. While the TSC and Kuppet statement referred to the move as “calling off the strike,” Kuppet’s version described it as “suspending the strike.”
Some branch secretaries, like Moses Mbora from Nairobi County, voiced concerns about the suddenness of the announcement, arguing that teachers needed time to process the information.
Others, like Sabala Inyeni from Vihiga County, criticized the NEB’s handling of the strike, suggesting that the government would now find it easier to undermine teachers, leading to calls for new leadership.
Reaction from Branch Officials
Members of the NGC reported that they were not consulted about the decision. For instance, Homa Bay County’s Kuppet chair, Jack Okoth, acknowledged that while teachers complied with the directive to end the strike, they questioned how the agreement was reached.
Kisumu County’s Kuppet Secretary, Zablon Awange, expressed disappointment with the cessation of the strike, noting that teachers were eager to continue. He stated that the NGC had not convened to call off the strike and warned that they would resume protests if TSC did not fulfill their promises.
In West Pokot County, Kuppet Secretary Alfred Kamuto criticized the NEB for acting without consulting all county executives, adding that teachers were debating whether to return to classes.
Additionally, in the August pay slips, the TSC’s failure to deduct monthly remittances to the union caused panic among Kuppet officials, who feared financial constraints similar to those faced by the Kenya National Union of Teachers (Knut) after a previous strike.
Financial and Legal Concerns
Kuppet members contribute 1.8% of their basic salary monthly to fund the union. Fearing financial difficulties and the activation of the “exit button,” which would allow TSC to remove teachers from Kuppet’s membership rolls, the union opted to comply with the TSC’s demands.
Tana River Kuppet branch secretary Omondi Oluoch expressed his dismay, lamenting that the union’s leadership had trivialized a serious issue, describing the strike as a battle for the dignity of the teaching profession.
Narok branch executive secretary Charles Ngeno echoed this sentiment, stating that branch secretaries did not endorse the strike’s withdrawal.
Kericho branch secretary Mary Rotich and her Bomet counterpart, Paul Kimetto, criticized the decision to call off the strike when teachers were ready to continue their protests, questioning the purpose of the NGC’s Sunday meeting.
Kisii branch secretary Joseph Mogire also condemned the NEB’s actions, arguing that they betrayed the branches and teachers by calling off the strike without proper authorization.
He questioned who gave the Secretary-General the mandate to call off the strike without consulting the NGC, calling it a complete betrayal of their members.
Union Leadership Defends Decision
In defense of the decision, Secretary-General Misori stated that the deal with the TSC was legitimate, noting that Kuppet and TSC legal teams had finalized a court consent, which would be presented on Wednesday.
This consent would settle legal disputes between Kuppet and the TSC, allowing both parties to resume bipartisan engagement on all issues. Misori also mentioned that the consent covered all union grievances, except for the immediate permanent employment of 46,000 junior school teachers and the hiring of 20,000 new JS teachers.
He added that the union would continue to pursue these matters with the relevant Cabinet secretaries and even with President William Ruto upon his return from China.
Kuppet chairperson Omboko Milemba noted that union officials had met with Knut officials multiple times and agreed to proceed with the strike.
He emphasized that despite their agreements, Knut’s actions had undermined the strike, raising concerns about procedural issues and communication.
Akelo Misori Under Fire for Halting Teacher Strike Without Consultation, Striking “Raw Deal” With TSC.