Kenyan Labour Court Declares Lecturers’ Strike Ilegal And Unprotected

In a recent ruling, Kenya’s Labor Court declared the ongoing lecturers’ strike unprotected and called for an immediate return to negotiations between the Universities Academic Staff Union (UASU), the Kenya Universities Staff Union (KUSU), and the Inter-Public Universities Councils Consultative Forum.

The court has issued a temporary injunction against the University Academic Staff Union (UASU) that prohibits any further strikes until negotiations are completed. Justice Gakeri highlighted the urgency, stating that discussions must focus on salary adjustments and improved working conditions from the 2021-2025 Collective Bargaining Agreement. He stressed that industrial actions must follow the law to avoid disrupting essential services.

Constantine Wasonga, the UASU Secretary-General, expressed disappointment but reaffirmed the union’s commitment to member rights, stating, “Our members deserve fair compensation and dignified working conditions.”

On Monday, the University Academic Staff Union (UASU) announced that the lecturers’ strike in all public universities will resume at midnight after the government failed to honour its agreement.

Through a communique made by UASU Secretary General Constantine Wesonga, the Dons have vowed to paralyse learning in all public universities across the country beginning at midnight today (Monday) after all their efforts to dialogue with the government failed to reach an agreement.

‘’I want to tell UASU members wherever they are, just work today up to midnight, after which you should down your tools,’’ confirmed Wesonga.

Wesonga has slammed the government for failing to fulfil its part of the September return to work formula agreement arguing that the government intimidations and pathological lies will not work this time round with the strike set to commence soon after the expiration of a seven-day notice that UASU and other staff unions issued to the government.

“If you have given a member 7 per cent it will show, we are not dealing with illiterate people who don’t know how to calculate 7 and 4 per cent so you cannot cheat them. You want UASU officials to be part of that manipulation, that one we will not do,’’ he added.

UASU revealed that it has been engaging the government to sign a return to work formula and the last attempt to reach an agreement failed during a meeting held on September 26 after Cabinet Secretary for Labour Alfred Mutua announced that he had escalated the negotiations to include representatives from the Ministry of Labour, Education as well as those from the Treasury to help the two sides reach a deal as well as promising union members to increase the retirement threshold for all academic staff, including graduate assistants, tutorial fellows, and assistant lecturers.

‘’During the meeting, which was attended by UASU Secretary General Dr. Constantine Wasonga and KUSU Secretary General Dr. Charles Mukhwaya among other members, we agreed on the formation of an inter-ministerial negotiating team. This committee will address the key concerns raised by the unions and work toward a return-to-work agreement. The team will comprise representatives from the Ministry of Labour, the Ministry of Education, the National Treasury, the Salaries and Remuneration Commission (SRC), public universities, the State Corporations Advisory Committee (SCAC), and the unions,’’ said Mutua.

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