TSC and Kuppet Strike Deal Now Filed in Court.
The recent deal between the Teachers Service Commission (TSC) and the Kenya Union of Post Primary Education Teachers (Kuppet), which ended a nationwide teachers’ strike, has now been officially filed in court. Despite the resolution, some teachers across Kenya have voiced strong dissatisfaction with the outcome. The agreement, filed at the Labour Court, marks a significant step in resolving the labor dispute but also leaves room for further negotiations on outstanding issues.
The TSC and Kuppet reached an agreement to end the strike and filed a consent order at the Labour Court on Wednesday. This agreement resolved the immediate strike and outlined that any remaining disputes would be settled through ongoing discussions. Justice Anna Ngibuini Mwaure adopted this consent as an official court order. Both parties withdrew their previous suits and counter-suits against each other.
However, reactions to the end of the strike have been mixed. Some teachers have criticized their union leaders for concluding the strike without securing a more definitive deal. Kuppet Secretary-General Akello Misori defended the decision, arguing that the consent order is more binding than a mere return-to-work formula. He emphasized that the TSC addressed most of the issues raised by Kuppet during the strike.
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Misori, speaking in Mombasa, expressed his surprise at claims that some leaders were unaware of the meeting resolutions. He insisted that the union had communicated effectively and that the issues leading to the strike had been addressed. Central Organization of Trade Unions (Cotu) Secretary-General Francis Atwoli supported Kuppet’s leadership, urging critics to respect the decisions made by their representatives. Atwoli emphasized that a return-to-work formula necessitates ending the strike, making further continuation untenable.
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The court document detailing the resolution lists all grievances that Kuppet raised before the strike and the progress made towards addressing them. The TSC is identified as the petitioner, Kuppet as the respondent, and the Ministry of Labour as an interested party.
Glaring Omissions and Resolved Issues
One notable omission from the resolved grievances is the confirmation of permanent terms for 46,000 junior school teachers who currently work on short-term contracts. Misori criticized the TSC for its inability to commit to this issue, attributing it to a lack of funds allocated by Parliament. He argued that employing fully qualified teachers as interns contradicts labor practices and international recommendations. Misori plans to raise this issue with President William Ruto upon his return from China.
On a positive note, the agreement addresses several key concerns. The implementation of Phase II of the 2021–2025 collective bargaining agreement (CBA) was among the resolved issues. Teachers received a pay increment at the end of August, which included arrears for July. Additionally, TSC has remitted all statutory and third-party deductions from teachers’ salaries and started reviewing the contentious career progression guidelines.
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The TSC has also restored funding for the teachers’ medical scheme, addressing complaints about denied services. Importantly, the TSC committed not to penalize any teacher for participating in the strike. Although Kuppet initially demanded the immediate promotion of 130,000 teachers who had remained stagnant in their positions, they accepted TSC’s claim that 51,232 teachers have already received promotions. The TSC pledged to continue promoting more teachers as budgetary allocations permit.
Looking ahead, the parties have agreed to initiate negotiations for the 2025–2029 CBA once Kuppet submits its memorandum of demands. This sets the stage for future discussions and adjustments, ensuring that both parties remain engaged in addressing educational and labor issues as they arise.
The filing of the TSC and Kuppet deal in court signifies a crucial step in resolving the recent teachers’ strike. While the agreement addresses several key issues and paves the way for further negotiations, some unresolved grievances, particularly regarding junior school teachers’ contracts, highlight ongoing challenges. Both parties are committed to continuing discussions to ensure that all concerns are addressed and that the education sector remains stable and productive.
TSC and Kuppet Strike Deal Now Filed in Court
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