So much has happened since the start of second term where a number of JSS teachers protested demanding better employment terms that included permanent and pensionable positions. The status has since changed as they’ve agreed to return to work and give room for TSC to come up with a clear path for their employment.
JSS instructors had initially not accepted the return-to-work agreement. They said it was a “betrayal” from JSS leadership. Kuppet demanded last year that the Sh4.68 billion kept for new workers should be used only on long-term, pensionable jobs and not just temporary positions.
The strike of junior secondary school teachers has been hit with confusion due to mixed messages coming from the two competing teacher’s unions.
The Kenya Union of Post Primary Education Teachers (Kuppet) announced that the Teachers Service Commission (TSC) and JSS teachers had reached an agreement to end the strike through mediation.
Kuppet stated that TSC agreed to permanently employ the teachers starting from the upcoming financial year, ending their three-week strike.
Akello Misori, Kuppet’s secretary-general, said both TSC and the union agreed to withdraw all show-cause letters sent to striking teachers.
The union explained that JSS teachers could not “enter into a Collective Bargaining Agreement” because they are not part of a trade union.
Mr. Misori warned that penalizing teachers for participating in legal labor actions would harm industry stability.
He added that Kuppet plans to “persuade parliament to provide Sh8.3 billion for the 26,000 intern teachers so they can start enjoying permanent and pensionable terms from this July.”
“The Sh8.3 billion should include all intern teachers employed in January 2023,” he clarified.
However, on Saturday night, some JSS teachers rejected the return-to-work agreement and accused JSS leadership of “betrayal.”
Daniel Murithi, a spokesperson for the Kenya Junior School Teachers Association, stated that they had a meeting on Friday where officials were pressured to stop the strike, but no evidence of TSC’s promise was provided.
“We said no to this proposal and requested that we meet with our employer who is accountable for meeting our demands,” Mr. Murithi said. “But today, when Kuppet and a few others who pretend to be our leaders made a false statement, we were surprised.”
Mr. Murithi emphasized that confirmation of 46,000 intern teachers’ status remains a key demand for JSS teachers, and “any agreement or deal must involve the right parties,” meaning the Labour Committee of Parliament or TSC.
Therefore, they urged all JSS teachers to postpone their planned meeting with the labor committee until later in the week. “Until a formal agreement is signed for all 46,000 intern teachers, the strike continues,” he instructed.
The Sh4.68 billion reserved for new hires must be used “strictly” for those who will have permanent and pensionable employment, as demanded by Kuppet previously. The next demand is to provide additional funding to convert the second group of teachers hired in September last year into permanent staff.
Julius Melly, the leader of the National Assembly Committee on Education, had previously stated that an amount of Sh8.3 billion was allocated for TSC to employ 26,000 contract teachers in permanent and pensionable roles. This did not include the additional 20,000 positions.
Mr. Melly explained to the Budget and Appropriations Committee (BAC) that the interns would begin their duties for TSC in July, not January of next year.
In statements made to the Budget and Appropriations Commission about the Ministry of Education’s budget for the 2024-2025 financial year, Mr. Melly said that “the Teachers Service Commission should make more efficient the recruitment process, starting from next financial year so as to use up all resources assigned for this function.”
“Furthermore, I propose that the commission change the 26,000 interns to permanent employment by July 2024 instead of January 2025 as suggested.”
Moreover, the committee requested TSC to review staff norms requirements for primary, junior, and senior schools in all basic learning institutions within six months. This will determine the correct number of teachers needed and guide resource allocation for their recruitment and deployment.
Mr. Melly stated before the BAC meeting, led by Kiharu MP Ndindi Nyoro, that TSC would need Sh8.3 billion to convert the contracts of 26,000 interns into permanent and pensionable ones.
The Tinderet MP stated that, for the 2024-2025 fiscal year, an additional Sh4.68 billion would be required by the Ministry to hire 20,000 intern teachers.
Supporting the Employment and Labour Relations Court (ELCR) ruling, Kuppet on Saturday said they fully support the teachers’ demand for permanent employment with pensions.
The court ruled that the internship work agreements made with these teachers were illegal and unconstitutional, as the TSC could only hire instructors for permanent, pensionable positions.
The leadership of the Kenya National Union of Teachers (Knut) said last week that they were prepared to help resolve the issue between TSC and the striking teachers.
Authorities, including Knut secretary-general Collins Oyuu, insisted that TSC retract the “show cause” letters sent to 7,357 teachers who did not return to work at the start of the term.
“To the Teachers Service Commission, we ask you to review all show-cause letters that were delivered to intern teachers showing their worth and also make a plan for conflict resolution with interns in a collaborative way. No teacher who joined the demonstration should suffer from any consequences,” Mr. Oyuu said.
The TSC letters to the striking teachers contained a stern warning that unless they provided a valid reason for their absence from work, their internships would be terminated. They were accused of professional misconduct.
The letters from TSC to the striking teachers stated, “It is noticed with much worry that you broke the rule of TSC Act Schedule Clause (b) because you committed professional misconduct by not coming to work.”
The letter continued, “In view of what has been mentioned, the commission is thinking about putting an end to your internship. Therefore, you now need to give a reason for why the intern agreement with the commission shouldn’t be cancelled.”
The fight for control over junior secondary school teacher representation has been happening discreetly between Knut and Kuppet. The 39,550 teachers in JSS are enough to significantly increase the membership of any union, along with their monthly dues.
The Kuppet-brokered agreement could bring a better deal for the union. Interim representatives of the JSS teachers’ lobby told Sunday Nation that both Knut and Kuppet had approached them about joining their ranks if they achieve their goal of permanent employment with TSC.
Kuppet’s primary membership comes from post-secondary institutions, while Knut draws its members mainly from primary school teachers. The total numbers of primary and secondary school teachers are 219,727 and 125,563, respectively.
Not all teachers are required to be union members. Those who don’t subscribe but benefit from union agreements pay agency fees to them every month along with the dues that members pay.
Officials in the JSS lobby have said that JSS teachers plan to form their own union. As I understand it, colleagues are gathering for a strike and aiming for long-term transformation through the lobby.