Waalimu Kenya waanza mgomo kudai nyongeza!

[Ab-Titchaz]

Strike: Stand-off as State rejects teachers salary demands

A deserted teachers' staff room at Olympic Primary School in Kibera, Nairobi following the strike on June 25, 2013

Updated Tuesday, June 25th 2013 at 23:53 GMT +3

By AUGUSTINE ODUOR and Geoffrey Mosoku

Kenya: The Government and teachers' unions hardened their positions on the first day of a strike that crippled learning in public schools.

In a sign of a protracted wait for millions of students, Labour secretary Kazungu Kambi flatly rejected the demand by Knut for a one-off payment of Sh47 billion arising from a 1997 award.

He termed as unreasonable the demand for implementation of a legal notice that was not signed by President Kenyatta's government.

"Legal notices are documents that are subject to changes. A CBA is binding both locally and internationally…asking this government to honour a deal that it was not party to is not right," he told a news conference in Nairobi.
He was referring to the contentious legal notice no.534 of 1997 that details higher housing, medical and commuter allowances.

In a quick rejoinder, the Kenya National Union of Teachers (Knut) warned Kambi against playing politics with the teachers' "well negotiated and gazzetted agreements".

Knut national chairman Wilson Sossion told Kambi that teachers would press on "for as long as he wants to trivialise the demands."

Sossion said the government couldn't wish away valid agreements signed by both parties and gazzetted.

"He should stop playing politics because he is still new at the ministry. He should understand all the negotiated agreements first and seek ways to mediate the crisis," he told The Standard yesterday.

"We promise him a longer strike for as long as he wants to talk recklessly to annoy teachers. He should be neutral instead of talking sides in a matter he doesn't understand," he added.

Across the country, classrooms remained empty after children were sent back home by teachers, who later took to the streets to press for higher pay.

Standard Digital News - Kenya : Strike: Stand-off as State rejects teachers salary demands

 

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Pupils at Hill School Primary in Eldoret town on their own after teachers failed to turn up following the teachers’ strike on June 25, 2013.

Pupils of St Georges Primary School in Nairobi head home as teachers made good their strike threat on June 25, 2013

Pupils at Kapsoya Primary School in Eldoret town in the field after teachers failed to turn up following the strike on June 25, 2013

 

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Pupils from Manguo Primary School in Limuru going back home on June 25, 2013 after the teachers strike entered its first day.

Pupils of Kakamega Primary School going back home after their teachers failed to turn up on June 25, 2013.

 

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Pupils while away the time at Moi Avenue Primary School in Nairobi after the teachers' strike started June 25, 2013.

A deserted class at Moi Avenue Primary School, Nairobi as the teachers' strike took effect June 25, 2013

A Moi Avenue Primary School pupil studies on his own as the teachers' strike took effect June 25, 2013​

 

[Ab-Titchaz]

Kambi disowns 1997 salary deal with teachers

Labour Cabinet Secretary Kazungu Kambi (centre) addresses a news conference in his office after a meeting on June 25 2013. He said that the teachers' strike is illegal. He is flanked by FKE executive director Jacqueline Mugo (left) and COTU secretary general Francis Atwoli. PHOTO/PHOEBE OKALL NATION


By BENJAMIN MUINDI bmuindi@ke.nationmedia.com
Posted Tuesday, June 25 2013 at 19:41

In Summary

• Labour Commissioner Sammy Nyambari said that Legal Notice 534 of 1997 - which is the basis of the on-going strike - had not been procedurally filed according to the Labour Relations Act.
• In 1997, the agreement was signed by Mr Phares Kuindwa (then the Head of Public Service), Mr Simeon Lesirma (then the Treasury PS) and Mr Justice Aaron Ringera (then Solicitor-General).
• The teachers were represented by Mr John Katumanga (then Knut chairman), Mr Ambrose Adongo (secretary-general) and National Treasurer John Bosco Mboga.

The Labour Ministry Tuesday disowned an agreement signed between the government and the Kenya National Union of Teachers (Knut) in 1997 that the teachers want implemented at a cost of Sh47 billion.

Labour Cabinet Secretary Kazungu Kambi declared the strike called by Knut on Monday as illegal and said there was no agreement. He said the strike, which enters its second day Wednesday should be called off.

The strike disrupted learning in all government primary and secondary schools as teachers kept away from the institutions.

"Knut does not have a case and I would advise them to get a collective bargaining agreement. Going to the streets does not solve the issue but coming to the (negotiation) table solves almost all the issues," Mr Kambi said as he invited them for talks to end the strike.

Asked to clarify, Mr Kambi said: "The teachers only have a gazette notice that they have been holding for a period lasting three or so different governments. This notice can be varied by anyone at any time."

law, sub-section 5 states: "A collective agreement becomes enforceable and shall be implemented upon registration by the Industrial Court and shall be effective from the date agreed upon by the parties."The two spoke alongside Central Organisation of Trade Unions (Cotu) boss Francis Atwoli and Federation of Kenya Employers (FKE) head Jacqueline Mugo at the Ministry of Labour during the unveiling of a National Tripartite Committee.

Reacting to the development, Knut chairman Wilson Sossion dismissed the Cabinet Secretary, saying that Mr Kambi "knew nothing about the matter and that he should keep off."

"It is clear that the government is now becoming political, and cheapening the matter. If the agreement is not valid, on what basis have we been negotiating with the Teachers Service Commission since last year?"

In 1997, the agreement was signed by Mr Phares Kuindwa (then the Head of Public Service), Mr Simeon Lesirma (then the Treasury PS) and Mr Justice Aaron Ringera (then Solicitor-General).

The teachers were represented by Mr John Katumanga (then Knut chairman), Mr Ambrose Adongo (secretary-general) and National Treasurer John Bosco Mboga.
Teachers' salaries of teachers were to be raised by between 105 and 200 per cent. Then there were five allowances that were offered: House, medical, responsibility, special, hardship and commuter.

House allowance was pegged at 50 per cent of the basic pay, medical allowance (20 per cent), responsibility allowance (45 per cent), special (10 per cent), hardship (30 per cent) and automatic commuter allowance (10 per cent).

The agreement was to be implemented over a period of five years effect from July 1, 1997.

But this was not to be as only the basic salary was increased. The allowances were not.

"The government has already allocated teachers hardship and special school allowances based on that notice. Does it mean therefore the government committed an illegality?" Mr Sossion asked.

"When the strike gets harder, the government will soften its stand."



Kambi disowns 1997 salary deal with teachers - News - nation.co.ke

 

[Ab-Titchaz]

 

[Kabaridi]

Why isn't the TSC being given space to perform its mandate of consultations...last time there was a court order declaring the strike illegal.. how did they conclude. The are currently getting increased payments agreed upon in 2003.

 

[Ab-Titchaz]

House chaos as MPs clash on teachers pay

Pauline Atieno, a Standard Seven pupil at Amani Primary School in Mikindani, cries after pupils were sent home by the headmaster following a nationwide teachers' strike that started June 25, 2013. President Uhuru Kenyatta's party Thursday mobilised its MPs to save the laptops project for schools after deputy minority leader Jakoyo Midiwo tried to re-allocate money from the scheme to pay teachers higher salaries as their strike entered the third day Thursday. Photo/LABAN WALLOGA Nation Media Group

By JOHN NGIRACHU Jngirachu@ke.nationmedia.com AND CAROLINE WAFULA cwafula@ke.nationmedia.com
Posted Thursday, June 27 2013 at 20:13

In Summary

• Mr Midiwo had attempted to take Sh53 billion from the Education Ministry's vote and give Sh47 billion to pay teachers, Sh3 billion to be shared among political parties, Sh2 billion to the Auditor General and Sh1 billion to the Director of Public Prosecutions.
• The project has been criticised by teachers and a section of MPs.

President Uhuru Kenyatta's party Thursday mobilised its MPs to save the laptops project for schools after deputy minority leader Jakoyo Midiwo tried to re-allocate money from the scheme to pay teachers higher salaries as their strike entered the third day Thursday.


Deputy Speaker Joyce Laboso had to call the vote twice - once through acclamation and later a physical ballot - to save the project, a key pillar of the Jubilee Coalition's election pledges.

Mr Midiwo had attempted to take Sh53 billion from the Education Ministry's vote and give Sh47 billion to pay teachers, Sh3 billion to be shared among political parties, Sh2 billion to the Auditor General and Sh1 billion to the Director of Public Prosecutions.

By removing the money from the Education Ministry, the laptop project would have gone without funding.

During the campaigns ahead of the March 4 General Election, Jubilee had promised to give every child joining Standard One next year a free laptop.

Earlier in the week, teachers had demanded that the money set aside for the laptops be diverted to pay salaries. The teachers have been on strike since Tuesday.

During the second vote in Parliament yesterday, Jubilee garnered 98 votes against Cord's 75, to defeat the proposal seeking to divert the laptops cash.

Chaos erupted soon after but before the committee could report to the full house with Cord MPs making attempts to grab the mace.

The Speakers' procession left the House amid singing, chanting and singing by some MPs.

The Education Ministry had sought Cabinet's greenlight to roll out laptop project in schools.

The ministry sent a memorandum to ministers after the Kenya Institute of Curriculum Development (KICD) completed developing digital content to be used under the free laptops programme. It includes content for Standard One and Standard Two pupils in five subjects to be completed by June 2013.

The Cabinet later discussed and approved it and gave the ministry a go-ahead to execute the plan.

A concept proposal has also been presented to the House Education committee and endorsed. Government departments involved in the process include the Treasury, Office of the President, E-Government, ICT Board, Teachers Service Commission and Vision 2030.

The project has been criticised by teachers and a section of MPs.

KICD has also prepared content for Standard Three to Standard Eight pupils in Mathematics and Science.

National Assembly Majority Leader Aden Duale Thursday said the government was working on training modules for teachers and master trainers.

He told the House that a device-testing framework had also been put in place through the national ICT Innovation and Integration Centre.

House chaos as MPs clash on teachers pay - News - nation.co.ke

 

[md4doctor2000]

Follow the link: Chaos in Parliament after amendment to divert Sh53bn to pay teachers - YouTube

Teachers are currently on strike!

 

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Industrial Court orders striking teachers to go back to class

 

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Kuppet suspends strike to allow Govt talks

By JEREMIAH KIPLANG'AT jkiplangat@ke.nationmedia.com
Posted Tuesday, July 2 2013 at 16:59

The Kenya Union of Post-Primary Education Teachers has suspended its strike to allow for structured negotiations with the government.

Kuppet officials asked its members to report back to class Wednesday as the union proceeds with negotiations as directed by the court.

The union's move put to the test the solidarity between the teachers in fighting for better pay.

The Kenya National Union of Teachers (Knut) has said the strike is still on and it is not interested in negotiations.

Kuppet Secretary-General Akelo Misori said the union's National Governing Council met Tuesday and agreed to suspend the strike in order to allow talks.

"Kuppet believes in the rule of law and shall obey the orders of the Court issued on July 1. We cannot go against the court. We have always been willing to obey court orders," Mr Misori said during a press conference at the Railways Club in Nairobi Tuesday.

"Today's (Tuesday) meeting suspends the strike that started on June 19 and proceeds to the negotiating table presided by the Cabinet Secretary for Labour to see into the proposals of government and TSC on commuter, leave and responsibility allowances," he said.

Kuppet has been demanding the harmonisation of the allowances with those of other civil servants.

Kuppet suspends strike to allow Govt talks - News - nation.co.ke

 

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THE EAST AFRICA TIMES

 

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TSC sues union in contempt case

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By PAUL JUMA pjuma@ke.nationmedia.com
Posted Thursday, July 4 2013 at 20:20

In Summary

• The TSC, in a suit filed under certificate of urgency on July 2, has asked the court to allow it to begin contempt of court proceedings against Knut, its chairman Wilson Sossion and acting secretary-general Mudzo Nzili.
• The teachers' employer also wants Mr Sossion and Mr Nzili jailed for six months, and the union prohibited from conducting any activity to promote the strike, either in the media or in private

The government wants Knut fined Sh20 million for disobeying a court order.

Through an application filed at the Industrial Court, the Teachers Service Commission also wants the court to fine all teachers who are still on strike Sh10,000 each and order that the amount be deducted from their salaries.

On July 1, a judge ordered the union to call off the teachers' strike and participate in negotiations with the government over the dispute.

Although the Kenya Union of Post-primary Education Teachers (Kuppet) heeded the order, Knut refused to end the strike.

The TSC, in a suit filed under certificate of urgency on July 2, has asked the court to allow it to begin contempt of court proceedings against Knut, its chairman Wilson Sossion and acting secretary-general Mudzo Nzili.

If it grants the leave, the court should fine Knut Sh20 million and in default of payment of the fine, the union's assets should be attached for auction to execute the fine.

The teachers' employer also wants Mr Sossion and Mr Nzili jailed for six months, and the union prohibited from conducting any activity to promote the strike, either in the media or in private.

"An order of committal to civil jail of the contemnors and their members for inciting, participating in and continuing with their illegal strike is necessary to preserve the dignity of the court in the eyes of the public," Mr Mwangi Njoroge, a state lawyer, submitted.

The court order is still in force and the defiant actions of the union and its members must be checked so as to save the court from further contempt and ridicule, according to the TSC.

The order required Knut to abandon its hard-line position and go to the negotiation table in good faith. The court also directed all teachers to report back to work by 8am on Tuesday this week.

On Wednesday, Knut agreed to join negotiations with the government. However, its officials walked out and declared that the negotiations had reached a stalemate.

The contempt application had not yet been heard in court.

TSC sues union in contempt case - News - nation.co.ke

 

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Uhuru calls for talks as TSC sues teachers

President Uhuru Kenyatta during a press briefing at State house on the 4th of July 2013 where he said the government was willing to come to an agreement with the teachers if only the teachers would present themselves at the negotiating table for dialogue. To the right is Deputy President William Ruto. Photo/EMMA NZIOKA NATION


By NATION TEAM newsdesk@ke.nationmedia.com
Posted Thursday, July 4 2013 at 20:19

In Summary

• The collapsed talks could not resume Thursday because the Labour Secretary, Mr Kazungu Kambi, was attending a Cabinet meeting at State House, Nairobi.
• However, Knut chairman Wilson Sossion responded that there was no good faith in the government's request.
• The parents led by Mr Nathan Baraza and Mr Musau Ndunda have also threatened to sue the government and the teachers' unions for breaching the right to education

President Uhuru Kenyatta Thursday pleaded with teachers to end their strike and commence negotiations, as the Teachers Service Commission filed contempt of court proceedings against the staff union.

TSC filed an application in court asking it to fine the Kenya National Union of Teachers (Knut) Sh20 million for disobeying court orders. It also wants all teachers who are still on strike fined Sh10,000 each and order that the amount be deducted from their salaries.

And at a press conference at State House Nairobi, President Kenyatta said his government was ready to discuss with the striking teachers, but not "on the streets."

End their strike

"On all issues, we stand ready to negotiate, but negotiation requires dialogue, otherwise it is just a monologue," he said a few days after the Industrial Court ordered teachers to end their strike and the government to set up a team to resolve the dispute.

Knut has ignored a court order issued on Monday. And on Wednesday, talks called to hammer out a new deal ended without any agreement.

The collapsed talks could not resume Thursday because the Labour Secretary, Mr Kazungu Kambi, was attending a Cabinet meeting at State House, Nairobi.

After the meeting, the President called a press conference to plead with Knut officials to return to the negotiating table.

"We need them at the table so that we can discuss all those issues. Let us have our teachers back in their classrooms, let us have their representatives sitting with government to resolve these issues," Mr Kenyatta said.


He said that the government had set aside money in the current financial year to address some of the eight demands tabled by Knut, including the hiring of 10,000 more teachers and making budgetary provisions for promotions.

However, Knut chairman Wilson Sossion responded that there was no good faith in the government's request.

"We are ready for talks even at night, but our concern is that the government negotiators are not sincere," he said in a telephone interview.

"They keep changing goal posts and putting hurdles at every step; you can't negotiate within such a framework."

Mr Sossion cited the Wednesday negotiations that were chaired by Mr Kambi, which he said, started very well but changed dramatically in the evening, saying this demonstrated lack of commitment to resolve the dispute.

The union has been demanding at least eight issues to be resolved by the government. They include hiring more teachers to reduce the workload on teachers, give teachers their housing, hardship and commuter allowances and funds budgeted to fund promotions for those who have served for long in one job group.

Meanwhile, two parents' lobby groups have asked the government to extend the school term to recover time lost during the ongoing teachers' strike.

The parents led by Mr Nathan Baraza and Mr Musau Ndunda have also threatened to sue the government and the teachers' unions for breaching the right to education.

"The strike has had far-reaching effects on learners including loss of academic hours," said Mr Ndunda of the National Parents Association said. "Both parties - the government and the teachers unions - should remember that parents have paid school fees."

At the same time, headteachers in both primary and secondary schools have warned of a possible slump in performance by public schools' candidates in national exams if action is not taken to end the strike.


Uhuru calls for talks as TSC sues teachers - News - nation.co.ke

 

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Hope as Knut, ministry inch towards pay deal

Teachers protest in Mombasa on July 4, 2013 to press for increased pay. NATION MEDIA GROUP


By BENJAMIN MUINDI AND ISAAC ONGIRI newsdesk@ke.nationmedia.com
Posted Saturday, July 6 2013 at 23:30


In Summary

• Labour Cabinet Secretary Kazungu Kambi reveals both parties approaching resolution
• Knut chairman Wilson Sossion says there is no agreement
• Sources in government who requested anonymity because of the sensitivity of the issue however reveal at least Sh11 billion has been hived off from "lower priority areas" of the government budget to be offered to the teachers

Hopes of a deal to end the teachers' strike that has paralysed learning in public schools for two weeks rose on Saturday as the union and government appeared to soften their hardline positions.

Labour Cabinet Secretary Kazungu Kambi met top officials of the Kenya National Union of Teachers (Knut) at a Nairobi hotel and said both parties had ceded considerable ground.

"What we can say at this stage is that teachers will not go back to class empty handed. But we want to have a new Collective Bargaining Agreement (CBA) with them first, something which they have agreed on," he said.

"There is good progress. We are almost there. The government side has agreed to vacate Legal Notice 16 of 2003, while the teachers will forego the Legal Notice 254 of 1997," Mr Kambi told the Sunday Nation.

The teachers have been pushing for the implementation of the 1997 deal which gave them increased allowances but the government argues that Legal Notice 16 of 2003 invalidates the earlier one.

Knut chairman Wilson Sossion, however, said there was no agreement.

"What I can confirm is that we have met the Cabinet Secretary and there was absolutely nothing agreed upon during the meeting," Mr Sossion said on the phone.

Mr Kambi, on his part, said talks between the two parties will resume on Monday.

"We have agreed to another meeting with the Knut officials to discuss the finer details and evaluate the progress of our weekend talks after consulting other stakeholders," said the Labour Cabinet Secretary.

During the meeting, it also emerged that the union officials had asked for the immediate release of June salaries for all unpaid teachers, but Mr Kambi insisted that they had to call off the strike first.

On Saturday, Knut officials were also scheduled to meet the Teachers' Service Commission (TSC).

TSC chief executive Gabriel Lengoiboni said that the meeting was meant to iron out issues around the Legal Notice 534 of 1997 on the basis of which the teachers are demanding a house allowance equivalent to 50 per cent of the basic salary of a teacher.

Other demands include medical allowance at 20 per cent and commuter allowance at 10 per cent.

"We have put all these demands together and forwarded them to the Salaries and Remuneration Commission (SRC). The commission has since insisted that the demands must be fiscally sustainable and in harmony with the pay in the civil service," Mr Lengoiboni said.

According to him, the SRC has issued guidelines on how to meet the demands of the teachers without distorting the remuneration of other public sector employees.

Mr Lengoiboni, however, said that even within the framework of the SRC guidelines, teachers will enjoy better perks.

"That is why I am meeting the officials on a daily basis in a bid to end the stalemate," he said.

It will cost the government up to Sh47 billion to meet all these demands.

Hope as Knut, ministry inch towards pay deal - News - nation.co.ke