KNUT Threatens Industrial Action if TSC does not Implement CBA Phase 2

Godfrey Gwako

4 months ago

KNUT Threatens Industrial Action if TSC does not Implement CBA Phase 2: The Kenya National Union of Teachers (KNUT) is urging the Kenya Kwanza government to restore the Ksh.10.1 billion cut from the TSC. The government cut down the Teachers Service Commission’s (TSC) budget for the 2024/25 financial year. This follows the withdrawal of the controversial Finance Bill 2024/25.

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TSC justified its budget well before parliament

Collins Oyuu, KNUT’s Secretary General, said that TSC made efforts to justify its Ksh.357.8 billion budget. The commission did this to the National Assembly’s Departmental Committee on Education and Research and the Budget and Appropriation Committee. But the Treasury still reduced it to Ksh.347.5 billion.

Oyuu warned that this cut would negatively impact the implementation of the second phase of a Collective Bargaining Agreement (CBA) between TSC and KNUT.

The CBA, originally signed in 2021 and reviewed in 2023, is part of the state’s contractual spending for 2021/2025.

The Law recognizes the CBA

Oyuu emphasized that the CBA is a legally binding document. They lodged it in the Employment and Labour Relations Court, and well-known to the National Treasury.

He argued that the Treasury cannot backtrack by underfunding TSC, as the agreement outlines clear 2021/2025 obligations.

He insisted that the CBA’s implementation should not be linked to the Finance Bill, 2024, or the Appropriation Bill, 2024. The agreement was negotiated in 2021, reviewed in 2023, and incorporated into the National Government’s spending plan.

The exchequer has to reinstate the funds

The Secretary General called on the national exchequer to reinstate the cut funds, stressing that the reduction violates the CBA.

He pointed out that neither TSC nor KNUT have withdrawn from the agreement, so the government must be fully implement it.

Oyuu urged the government to honor its promise of awarding the second phase of salary increments as stipulated in the amended 2021/2025 CBA. The expected salary increment for Phase 2 (2023) is 2.5% to 9%.

Oyuu stressed that teachers would not accept anything less than the promised salary increase. If the government does not do that, it would constitute a breach of contract. It is also an act of treachery, and a violation of teachers’ labor rights.

Industrial action

The KNUT Secretary General warned that if their demands are not met, the Union would take legal action. He called on TSC to use all means available to ensure the agreement is honored. The commission can do that by compelling the National Assembly to approve TSC’s Ksh.357.8 billion budget without amendment. If this does not happen, the union will issue a strike notice.

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