STRIKE ILLEGAL

Kuppet members face disciplinary action as TSC cracks whip

Commission has directed its officials to collect teachers attendance data

In Summary
  • TSC has directed its county directors to immediately compile the data and forward details to the headquarters for necessary action.
  • Kuppet officials have maintained that their members will keep off classrooms until their employer signs a return to work agreement.
Some Kenya Union of Post Primary Education Teachers (Kuppet) officials at the Uhuru Gardens along Moi Avenue, Mombasa on August 26, 2024
Some Kenya Union of Post Primary Education Teachers (Kuppet) officials at the Uhuru Gardens along Moi Avenue, Mombasa on August 26, 2024
Image: KNA

The Teachers Service Commission has directed its officers to collect school attendance data to take disciplinary action against teachers on strike despite a court order.

This emerged as teachers on the TSC payroll started receiving their August Salaries on Thursday with the majority expected to have been fully paid by Friday.

The salaries, which have been backdated to July 1, are enhanced in line with the second phase of the 2021-2025 Collective Bargaining Agreement that teachers have demanded implemented.

The Star has established that TSC has directed its county directors to immediately compile the data and forward details to the headquarters for necessary action.

The move is the latest in the commission’s decisions to crack the whip on the striking Kenya Union of Post Primary Teachers who have boycotted work for the fifth day.

On Thursday, learning continued to be paralysed in public secondary schools as teachers kept off classrooms, leaving students unattended.

Only school administrators remained present in government schools as the rest continued their  boycott, days after students reported for the third term.

Kuppet officials have maintained that their members will keep off classrooms until their employer signs a return to work agreement.

However, TSC has contested the strike and moved to the Labour and Employment Court where the commission secured orders on Tuesday declaring the Kuppet strike as illegal.

With learning in secondary schools in disarray, the employer wants Kuppet members to resume work in compliance with the court orders.

It has threatened to cite the union officials for contempt.

TSC legal director Cavin Anyuor said the commission had served the union with the court orders and expected compliance.

“The commission will be monitoring union members’ compliance and expect officials to respect the order," Anyuor said.

Court issued the order on Tuesday in response to an urgent application by TSC lodged on Monday.

Justice James Rika said the orders will remain in place unless varied on September 5 when the court will mention the matter.

The data being compiled by TSC officials at the subcounty level will be used to punish teachers who would be found to have failed to report to duty since schools reopened.

School heads have been ordered to fill in the dreaded black book which contains the attendance register for teachers, and forward the same to the subcounty TSC officials.

TSC officials have also been directed to work closely with their education counterparts to enhance surveillance of schools within their jurisdictions.

A top TSC official confirmed the latest move saying the data would be critical to guiding decisions.

"We have the instructions out to our officials because we believe the strike is illegal as directed by the court," he said.

Under the TSC regulations, the teacher is required to report to schools during opening days without fail, with those recorded as absent being severely punished.

In the worst case scenarios, absentees would see their pay deducted to cover the days they were absent, affecting their payslips and retirement benefits.

This is the reason why most teachers make technical appearances in schools and disappear after clocking in.

School administrators including head teachers, principals, their deputies and senior teachers are prohibited from going on strike as they serve as TSC agents in their respective institutions.

Kuppet has insisted the strike is not just about the welfare of teachers but essentially about safeguarding the rights of Kenyan children to education.

“We urge our members to ignore any distractions and continue picketing until the union signs a return-to-work formula that addresses our grievances," said Kuppet secretary general Akello Misori.

Some of the demands by Kuppet include full implementation of the 2021-2025 CBA and promotion of teachers.

Others are employment of Junior Secondary School teachers and the reinstatement of their medical cover.

The TSC said the National Treasury released Sh13 billion to implement the CBA as demanded by teachers.

It announced that teachers are free to access medical cover benefits at facilities of their choice.

According to the new salary adjustments, teachers will get an increment of between Sh1,000 and Sh3,000, backdated to July 1.

The lowest-paid teacher, Job Group B5 who earns Sh22,739 will now receive Sh23,830 in line with the new salary adjustments computed under the CBA.

Grade C2, which is a senior primary school teacher, will see their basic salary increase from Sh44,776 to Sh47,858 per month.

Grade C5, primary school head teachers, will see their base pay jump from Sh78,667 to Sh79,651 while those Chief principals in Grade D5 will see their salary increase from Sh159,534 to Sh162,239.

On Sunday evening, the Kenya National Union of Teachers called off its strike hours to the reopening of the third term.

They said the decision would give TSC sufficient time to address their demands.

Knut withdrew its strike notice after a meeting of the National Executive Council chaired by Secretary General Collins Oyuu.

The move exposed the widening rifts between Knut and Kuppet—the country’s main teachers' unions—at a time when teachers are pushing for improvement of their employment terms.

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