Exams at risk as lecturers vow to continue strike despite court order

Thousands of students risk not sitting end-of-semester exams after public university lecturers vowed to continue with the strike, despite a court order prohibiting the industrial action.

The Standard has learned that a meeting between Education Cabinet Secretary Julius Ogamba and the unions on Wednesday ended without agreement.

The two parties agreed to reconvene next Thursday in pursuit of a solution to the standoff.

Universities and Academic Staff Union (UASU) chairperson Grace Nyongesa said on Thursday that lecturers will not return to class despite the court order.

This decision brings uncertainty to institutions, with about 40 days to the end of the semester.

“We cannot have an employer who thinks that the court is a place to hide and then, when ordered to return to the table, leads us in circles. There is a clear abuse of court processes by our employer, and that is unacceptable,” Nyongesa said.

The union has accused the government of lacking the goodwill to resolve the pay dispute, asserting that the government is attempting to retract a previously agreed arrangement.

The contested pay increment, according to UASU, had already been finalised, with the required amount agreed upon by both the government and the unions.

The pay deal includes two components: an automatic annual increment of four per cent and a basic salary increase of between seven and 10 per cent.

However, Nyongesa asserts that the government has sought to withdraw the annual increment and only honour the basic salary increase.

“The tables were formulated by UASU and the Inter-Public Universities Councils Consultative Forum, and they were adopted and agreed upon. What has angered us and driven us back to the streets is the government’s introduction of tables that are not part of the return-to-work formula, and that’s where we differ,” Nyongesa said.

On Wednesday, Justice Agnes Nzei of the Employment and Labour Relations Court ruled that the strike called by UASU was unlawful, stating that the current demands were subject to negotiations as per the return-to-work formula signed on 26 September 2024.

The judge also prohibited UASU officials from encouraging or instigating members to participate in any strike action.

“The strike called by the Respondent (UASU), set to commence on 29 October 2024, is hereby declared unprotected. The Respondent and/or its officials are restrained from inciting their members to participate in this unprotected strike,” ruled Justice Nzei.

However, she ordered the government and the lecturers to return to negotiations to develop a return-to-work formula aimed at reaching a mutual agreement on the disputed issues.

The case is set for mention on 28 November 2024.

The strike, which entered its second day on Wednesday, follows a deadlock between the government and UASU over the lecturers’ new pay deal, which would see them receive an increase of between seven and 10 per cent.

Education CS Ogamba said on Wednesday that the union and the government had been unable to agree on the actual amount for the increment.

“We agreed on a seven and 10 per cent increment, but when the simulation was done, the union’s figures differed by about Sh5 billion… Our calculations showed Sh4 billion, while UASU’s figures suggested Sh9 billion,” Ogamba said.