Kuppet “coup” on Knut mediated the JSS teachers’ and TSC’s agreement.
The return-to-work agreement was rejected by some JSS instructors, who called it a “betrayal” by JSS leadership. Kuppet insisted last year that the Sh4.68 billion set aside for new hires be applied “strictly” to long-term, pensionable jobs.
The junior secondary school teachers’ strike has been shaken by confusion following contradictory comments released by lobbyists.
Teachers Service Commission (TSC) and Junior Secondary School teachers reached an agreement to end the strike through mediation, according to a statement made earlier by the Kenya Union of Post Primary Teachers (Kuppet).
Kuppet claimed that in order to terminate a three-week walkout, TSC had promised to hire the teachers on a permanent basis in the upcoming fiscal year.
Akello Misori, the secretary general of Kuppet, announced that the TSC and the union had decided to retract all of the show-cause letters that had been sent to the striking teachers.
The JSS teachers could not “enter into a Collective Bargaining Agreement,” according to the union, because they are not members of a trade union.
Mr. Misori stated that punishing teachers for taking part in lawful labor action would be detrimental to the stability of the industry.
According to Mr. Misori, Kuppet intends to “lobby parliament for the allocation of Sh8.3 billion for the 26,000 intern teachers to enjoy permanent and pensionable terms from July this year.”
He continued, “All intern teachers hired in January 2023 should be covered by the Sh8.3 billion.”
However, some JSS instructors rejected the return-to-work agreement on Saturday night, calling it a “betrayal” by JSS leadership.
False assertion
Daniel Murithi, a spokesman for the Kenya Junior School Teachers Association, asserted that on Friday, a meeting was called and officials were pushed to end the strike without providing proof of TSC’s promise.
“We declined the offer and made the demand to meet with our employer, who bears the responsibility for fulfilling our demands.” But we were taken aback when Kuppet and a few others posing as our leaders issued a false statement today,” Mr. Murithi stated.
Mr. Murithi states that the confirmation of 46,000 intern teachers is still one of the requests made by JSS instructors, and that “any agreement or deal must engage the right parties.” That is, the Labour Committee of Parliament or the TSC.
As a result, we implore all JSS teachers to postpone their scheduled meeting with the labor committee until later this week. “Until a formal agreement regarding all 46,000 intern teachers has been signed, the strike remains in effect,” he instructed.
The Sh4.68 billion set aside for new hires should be used “strictly” for permanent and pensionable employment, according to Kuppet’s demands last year. Additional funding should also be given to convert the second cohort of teachers employed in September of last year to permanent terms.
The head of the National Assembly Committee on Education, Julius Melly, had previously declared that the TSC had been given Sh8.3 billion to hire the 26,000 contract teachers on permanent and pensionable terms. That excluded twenty thousand more.
The Budget and Appropriations Committee (BAC) was informed by Mr. Melly that the interns would start working for the TSC in July rather than January of next year.
In submissions to the Budget and Appropriations Commission on the budget for the Ministry of Education for the financial year 2024–2025, Mr. Melly stated that “the Teachers Service Commission should streamline the recruitment process beginning the next financial year to ensure that resources assigned to this function is fully utilised.”
“In addition, instead of January 2025 as suggested, the commission should convert the 26,000 interns to permanent employment starting in July 2024.”
In addition, the committee requests that TSC examine the staff norms requirements for primary, junior, and senior schools in all institutions of basic learning within a six-month period. This evaluation will determine the ideal teacher count needed, which will inform future resource allocation for teacher recruitment and deployment. In his appearance before the BAC, which was presided over by Kiharu MP Ndindi Nyoro, Mr. Melly stated that TSC will need Sh8.3 billion to convert the 26,000 interns’ contracts into permanent and pensionable terms.
Sh4.68 trillion
According to the Tinderet MP, the Ministry will need an extra Sh4.68 billion to hire 20,000 intern teachers for the 2024–2021 fiscal year.
In line with the Employment and Labour Relations Court’s ruling, Kuppet declared on Saturday that it completely backed the teachers’ demand for permanent employment with pensions (ELCR).
Since the TSC only had the authority to appoint instructors on permanent, pensionable conditions, the court determined that the internship work arrangements for the teachers were unlawful and unconstitutional.
The leadership of the Kenya National Union of Teachers (Knut) stated last week that they were willing to settle the impasse between TSC and the striking teachers.
Collins Oyuu, the secretary general of Knut, and other authorities demanded that TSC withdraw the “show cause” letters it had written to 7,357 teachers who had not reported back to work since the start of classes.
“We request that the instructors Service Commission review all of the show cause letters that were sent to intern instructors who were exhibiting their worth and create a plan to help resolve conflicts with interns in a cooperative manner. Mr. Oyuu stated that no instructors who took part in the demonstration should suffer any consequences.
The TSC letters to the striking teachers threatened to terminate their internships unless they could produce a good cause for their absences from work, accusing them of professional misconduct.
The letters from TSC to the striking teachers stated, “It is noted with great concern that you violated the provision of TSC Act Schedule Clause (b) in that you engaged in professional misconduct by being absent from duty.”
219,727 educators
In light of the aforementioned, the commission is considering ending your internship. Consequently, you are now required to provide justification for why the internship agreement with the commission shouldn’t be cancelled,” the letter continued.
Knut and Kuppet have been engaged in a behind-the-scenes struggle for the representation of junior secondary school teachers. In addition to members’ monthly dues, the 39,550 instructors assigned to JSS would increase any union’s membership.
The union may receive a better deal through the Kuppet-brokered agreement. Sunday Nation was informed by interim representatives of the JSS teachers’ lobby that Knut and the Kuppet had made approaches to them about joining their ranks in the event that their demand for TSC permanent employment is granted.
Kuppet’s membership is primarily drawn from post-secondary institutions, whereas Knut’s membership is primarily drawn from elementary school teachers. There are 219,727 primary school teachers and 125,563 secondary school teachers overall.
It is not mandatory for all instructors to subscribe as members of a union. Non-member teachers who gain from agreements struck by the unions pay them agency fees on a monthly basis in addition to dues paid by members.
JSS lobby officials stated that JSS teachers will create their own union rather than join any of the existing ones. Colleagues have been organizing to go on strike and seek lasting change through the lobby.
Kuppet “coup” on Knut mediated the JSS teachers’ and TSC’s agreement.
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