National exams at stake as Knut declares ‘infinite’ strike

The national examinations timetable could be disrupted after the giant teachers union declared an ‘infinite’ strike, vowing that no learning would resume in public schools until they get a 50 to 60 per cent pay increase.

The declaration by Wilson Sossion, secretary- general of the 288,060-strong Kenya National Union of Teachers (Knut), officially converted the go-slow that had paralysed learning since Monday into a strike.

“We are heading for an infinite journey withdrawing labour until teachers receive the salary increment they were awarded by the court,” he announced at a press briefing in Nairobi’s Knut headquarters.

Form Four students are expected to begin their Kenya Certificate of Secondary Education (KCSE) examinations at the end of this month.

According to the schedule released by the national examination council, KCSE exams are set to begin on September 28 with oral testing for languages, while the final papers Agriculture and Geography are to be completed on November 5.

The Kenya Certificate of Primary Education (KCPE) examinations will run for three days starting November 10.

Mr Sossion said that the union was not obligated to notify the tutors’ employer-- Teachers Service Commission (TSC) -- by issuing a notice over the same as this was not a fresh strike.

“We have resumed the strike that had been called in January 2014. The industrial court never declared that strike illegal, we as teachers decided to go to class as a cease fire in the interest of justice and the courts have already given their verdict,” he said. Treasury secretary Henry Rotich has stated that the pay rise, amounting to Sh1.4 billion per month and Sh17 billion a year, had not been budgeted for.

The Treasury has put forward three options to raise the extra cash, which include increasing taxes, borrowing from the domestic market or cutting budgeted expenditure. But Mr Rotich thinks all would have negative effects on the economy.

The teachers have, however, maintained that the government is capable of paying the Sh1.4 billion due in addition to their August salaries, without increasing taxes or interfering with the development budget if corruption is reduced.

“Of the Sh66.7 billion that the Auditor- General’s report said the government could not account for, Sh12 billion remained unaccounted for in the ministry of education alone, which is 70 per cent of what the teachers are asking.”

“Kenyans should not pay any extra cent of tax to meet the salary demands. If the government seals corruption and tax evasion there will be money,” the secretary- general said.

Knut chairman Mudzo Nzili said unlike before when the union’s leadership called for teachers across the country to go on strike, the teachers had kept away from the classrooms.

READ: Teachers insist on strike as TSC warns boycott is illegal

The chairman accused the government of failing to uphold the rule of law yet it was the Supreme Court ruling that saw them get into office after the disputed elections in 2013.

“When the court first announced the award Deputy President William Ruto said that the government would pay, a day later Education secretary Kaimenyi says they do not have the money to pay. As teachers we are asking, between the two who is senior?” he posed.

The Supreme Court on Wednesday declined to give TSC interim orders against the pay increase, which would have extended a reprieve to the government.

In his ruling, Justice Jackton Ojwang said that the application filed by was related to an appeal that had been filed within the Court of Appeal scheduled for hearing on September 22.

“It is that forthcoming hearing before the appellate court that holds the justice of the case in the first place,” he ruled. Justice Ojwang ordered all the parties to be served and the mentioned on September 9 to set a hearing date.

TSC returned to the highest court of the land seeking the reversal of its decision, which required the government to implement a 50-60 per cent salary increment.

The commission claims the Supreme Court erroneously ruled that the teachers’ employer had not filed an appeal, a situation that led to the issuance of the pay increment order on August 24 yet it had  done the same a week before.

The tutors employer wanted the salary increment stopped pending the hearing and determination of its earlier application seeking a reversal of the conditional orders that had been granted by the Court of Appeal.

The Appeals Court told the government to increase teachers’ pay by between 50 per cent and 60 per cent starting August until its objection to the Industrial Court’s judgment to award the tutors a pay rise is heard and determined.

However, TSC insists that the conditional order is unconstitutional and wants it stopped. The teachers have now brought on board another Senior Counsel, Ahmednasir Abdullahi, as part of their legal team adding to their current lawyers Senior Counsel Paul Muite, Kioko Kilukumi, Hilary Sigei, John Mbaluto and Judy Guserwa.

The unions said they plan to initiate contempt of court proceedings against the teachers’ employer should it fail to effect the pay rise as per the court order.