Oyuu Clarifies KNUT’s Withdrawal From Teachers Strike, Key Factors, Gains, and KUPPET-TSC Deadlock
Kenya National Union of Teachers (KNUT) Secretary General, Collins Oyuu, has clarified the recent withdrawal of the union’s strike notice. Contrary to some misconceptions, Oyuu emphasized that KNUT did not call off the strike but merely withdrew the notice.
He explained that labor unions must alert the Minister of Labor before presenting a strike notice to the employer, in this case, the Teachers Service Commission (TSC).
The decision to withdraw the strike notice followed extensive consultations with the National Executive Council, which holds the authority to call or withdraw a strike. The council carefully reviewed these matters before agreeing to the withdrawal.
The primary reason behind the strike notice was the failure of TSC to implement the second phase of the Collective Bargaining Agreement (CBA) in July, as initially agreed.
Oyuu also mentioned several other critical issues, including the demand for permanent and pensionable employment for 46,000 intern teachers, improvements in the medical scheme for teachers, and addressing the stagnation of teachers’ promotions.
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Concerns also arose regarding third-party deductions, as the TSC failed to remit teachers’ loan repayments and savings to banks and SACCOs.
Banks and SACCOs had confirmed that these issues had been resolved, further justifying the decision to withdraw the strike notice. Oyuu emphasized that while it is important to be popular, it is even more crucial to do the right thing, which KNUT ultimately prioritized.
Negotiations with TSC
The issuance of the strike notice intensified the situation, leading the TSC to invite KNUT to a meeting at the Kenya School of Government. The discussions were intense, with the key issue being the implementation of the second phase of the CBA, according to Oyuu.
He pointed out that TSC had implemented the first phase on July 1, 2023, and the second phase was due in July 2024. Top officials from both KNUT and TSC signed this agreement and deposited it in court, making it legally binding under Kenyan labor laws.
Oyuu highlighted that KNUT’s legal and procedural steps had put pressure on TSC to address their demands. He reiterated that the withdrawal of the strike notice does not mean that the union has abandoned its demands; rather, they are allowing room for further dialogue and resolution.
Oyuu highlighted that if TSC failed to implement the second phase of the CBA, it would hinder the negotiation of a new CBA. The union had already prepared its proposals for the 2025-2029 CBA, and any delay in implementing the current CBA would render these efforts futile.
He emphasized the urgency of demanding the implementation of the second phase, along with other critical issues such as promotions, medical coverage, and third-party deductions.
Promotions and Administrative Issues
Addressing the issue of teacher promotions, Oyuu explained that KNUT had spent an entire week with TSC in Naivasha, where they presented over 20,000 cases of teachers who had stagnated in their positions.
The union and TSC formed a technical team with four representatives from each side to scrutinize each case and understand the reasons for stagnation. Oyuu clarified that these matters were administrative rather than labor-related issues.
This team’s role was to address administrative matters, including the issue of teacher promotions, rather than focusing solely on labor disputes. Oyuu stressed that this was an administrative issue, not a labor one, and called the team’s work crucial to helping teachers who had been stagnant for years.
Employment of Intern Teachers
Oyuu addressed the delicate situation involving the 46,000 intern teachers who had previously taken to the streets to protest their conditions. “The TSC had served these teachers with show-cause letters, canceled their contracts, imposed disciplinary action, and issued warning letters.”
Oyuu expressed that calling this group out for a strike would be unwise, as they had already endured significant challenges and were not in a strong position to engage in industrial action.
He emphasized that leading a successful strike requires unity among members, and in this case, the risks of disunity were high, with some teachers potentially staying in school while others protested.
Oyuu noted that the major issue—the implementation of the second phase of the 2021-2025 CBA—had been resolved. The implementation, initially due in July, was carried out during the ongoing discussions, with the payments related to the salary increments scheduled to be processed by the end of August. This timely action by TSC was a significant factor in KNUT’s decision to withdraw the strike notice.
Medical coverage and third-party deductions
Another critical issue that influenced the decision was TSC’s confirmation of the capitation for teachers’ medical cover. TSC reassured KNUT that the government had engaged 832 service providers (hospitals) to treat teachers without any issues, guaranteeing that no teacher would face treatment denials.
Additionally, TSC confirmed that banks and SACCOs had received third-party deductions, addressing another major concern.
He questioned the need for a strike in light of the implementation of the second phase of the Collective Bargaining Agreement (CBA) and the ongoing resolution of other critical issues. Oyuu explained that during a six-hour meeting, the union assessed their progress on key issues and concluded that it was prudent to withdraw the notice and return to work.
Oyuu emphasized the importance of negotiating on behalf of the union’s members. He asserted that resolving seven out of ten issues during negotiations would be unwise, as it could jeopardize the already achieved gains.
He likened this to a hunter who, having captured an antelope, should not abandon it to chase after a rabbit. Similarly, addressing significant issues, such as the medical cover, made it unnecessary to insist on further industrial action.
Oyuu detailed how KNUT followed up with the Ministry of Health (MoH) on the 27th to verify the receipt of capitation funds from the Teachers Service Commission (TSC) regarding medical coverage. Despite not having full funding, the ministry assured KNUT that hospitals had received the available funds to ensure teachers received timely treatment.
Oyuu tasked the 110 branch executive secretaries across the country to verify that the 832 service providers were indeed treating teachers without delay. This confirmation influenced KNUT’s decision to withdraw the strike notice, as the union did not see the need to keep teachers out of work when their demands had been met.
Challenges with TSC’s Follow-Up on Contracts
Oyuu pointed out that much of the dissatisfaction stemmed from the TSC’s failure to follow up on its contracts with service providers like Minet. He stressed that it is the TSC’s responsibility to ensure that contracted hospitals deliver the services paid for.
If the TSC had not ensured that hospitals treated teachers as per the contract, the situation could have escalated, leading to potential industrial action. However, KNUT was prepared to act if the TSC failed to hold its contractors accountable.
Union Members’ Discontent
Oyuu acknowledged that not all union members were satisfied with the decision to withdraw the strike notice. Some members expressed a desire to strike for at least two days, citing that it had been a long time since they last took to the streets, and that they were eager to use their “good rubber shoes.”
However, Oyuu reaffirmed that the majority made the decision, balancing the need to address grievances with the practicalities of the situation. Oyuu questioned whether this was a valid reason to insist on striking, emphasizing the need to make decisions based on sound judgment rather than sentiment.
He also mentioned that the TSC had gone to court, resulting in a court order that complicated the possibility of engaging in a strike. Oyuu urged the TSC to collaborate with its counterparts to resolve the impasse and to abide by the court order, highlighting the complexities of initiating and concluding industrial actions.
Oyuu also discussed a letter from the Secretary General of the Central Organization of Trade Unions (COTU), proposing a meeting with the TSC to resolve ongoing issues.
However, the TSC insisted that KNUT first withdraw the strike and abide by the court order, which mandated that teachers return to school. Oyuu stressed that the TSC should act quickly and engage in dialogue with KUPPET, as the gains made by KNUT would ultimately benefit KUPPET as well.
Court proceedings and future implications
Oyuu mentioned that the matter is now in court, with a hearing scheduled for September 5th. He reiterated that the benefits gained by KNUT, including the implementation of the second phase of the CBA, would also be advantageous for CET.
He implied that KUPPET’s insistence on pursuing industrial action might not have been the wisest course of action, given the tangible gains already secured for the union members.
Oyuu highlighted two major advantages of implementing the second phase of the CBA: first, the payment of arrears, and second, the opportunity to negotiate a new CBA. He pointed out that without the implementation of this phase, there would have been no basis for initiating discussions on a new four-year CBA cycle.
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This implementation not only resolved immediate financial concerns but also paved the way for future negotiations, ensuring continued progress for the union’s members.
Oyuu concluded by stating that the union remains vigilant and ready to take further action if necessary. The withdrawal of the strike notice was a calculated decision to engage in constructive dialogue with TSC, but the union will continue to push for the implementation of the agreed-upon terms and the resolution of other outstanding issues affecting teachers.
Oyuu Clarifies KNUT’s Withdrawal From Teachers Strike, Key Factors, Gains, and KUPPET-TSC Deadlock
