Why Knut withdrew his threat of a strike after speaking with TSC.
When the Kenya National Union of Teachers (Knut) discovered that the Teachers Service Commission (TSC) had not honored the second phase of the 2021/2025 collective bargaining agreement compensation award in July 2024 pay slips, Knut wrote to the employer on August 5, 2024, requesting a meeting.
TSC acknowledged receiving Knut’s letter in a letter dated August 6, 2024, but stated that it would not respond until after internal discussions. This did not occur, and the union sent out a reminder on August 12, 2024, which was also disregarded. The union responded by giving notice of a strike on August 16, 2024.
The teachers were to go on strike for reasons stated by the union. The union asked that the second phase of the 2021–2025 amended collective bargaining agreement, which was signed by TSC and Knut, be put into effect immediately, that the third-party deductions that had accrued to each organization be sent immediately, that 46,000 junior school teachers be converted to permanent and pensionable terms immediately, that 20,000 new teachers be hired, that 130,000 stagnant teachers on various job grades be promoted, and that the medical insurer be paid capitation payments immediately so that service providers could provide medical services to teachers and their families.
In a letter dated August 19, 2024, the employer extended an invitation to the union to visit the Kenya School of Government. The five demands were brought up for debate throughout the deliberations. Teachers received and had their August 2024 salary, including the July arrears, reflected in the second phase of the salary award. The unions had announced the strike action primarily for this reason.
Failing to honor would have limited the spirit of the CBA framework and created a negative precedent for future discussions.
Commercial banks, teachers’ saccos, teachers’ investment plans, and other related legal liabilities received third-party deductions. The August 21 interaction between the unions and the employer provided some guidance on how to approach the problem most effectively.
Regarding teacher promotions, the commission informed us that 51,232 instructors have already been promoted through competitive interviews, and the process is still ongoing.
The commission also told us that it had promoted a number of teachers by placing them in junior schools, where they would automatically advance in grade.
A teacher in C1, for example, would transfer to C2, and eventually reach the Career Progression Guidelines for secondary school teachers. For correctness, the statistics need administrative involvement. A technical team comprising Knut and TSC is presently formulating the figures and a structure to ensure a seamless process.
Regarding the medical plan for teachers, the panel guaranteed them access to care in both public and private hospitals going forward. Due to the unsatisfactoriness of this assurance, Minet, TSC, and Knut convened once more for an administrative meeting on Tuesday, August 27, 2024.
The difficulties that were dealt with were finding service providers, the length of time it took to get a service pre-authorization, insufficient funding for outpatient care, and the delay in making payments to service providers.
Even if there are still issues with teachers’ health insurance, the unions, the employer, and the insurer have a system in place that allows issues to be resolved as they arise. The governance council of the county medical insurer is a body that meets every term to evaluate the state of teacher service delivery.
The commission pledged to press the Treasury to fund the budget in order to address the conversion of 46,000 intern teachers to permanent and pensionable terms and the hiring of 20,000 additional teachers, given that the courts have already made their decision on the topic.
In keeping with the 2030 Agenda for Sustainable Development, the Kenya Kwanza government has also pledged to hire more teachers to address the teacher shortage and raise standards of instruction.
This offers a common blueprint for peace and prosperity for people and the planet, and it was accepted by all UN Member States in 2015.
In order for these educators to assist with the implementation of CBC, they must be hired. Knut is dedicated to making sure that educators are employed by working together with the State and other kindred parties.
Unions won the most in the planned strike by honoring the CBA, which is overdue, by paying the second phase of the teachers’ salary increase by Section 3 on the effective date and duration and specifically Section 3.3 which states that components of a running CBA can only be repealed by a new one.
This victory did not come from remitting third-party deductions, promoting 130,000 teachers, converting 46,000 intern teachers to permanent and pensionable, hiring 20,000 more, or providing coverage for the teachers’ health benefits.
Unions would not have the authority to start a new deal if they continued to adhere to the expiring CBA. Unions have a fantastic chance to take up unresolved matters in the CBA for 2025 and 2029.
In addition, TSC needs to perform a new job assessment in order to create a new career advancement guideline that would direct new talks for the new CBA.
Why Knut withdrew his threat of a strike after speaking with TSC.
