TSC and Teacher Unions Discuss Postponement of 2021-2025 CBA Implementation

The Teachers Service Commission officials are expected to meet officials from the Kenya National Union of Teachers to discuss the 2021-2025 Collective Bargaining Agreement. The TSC is also set to meet with the Kenya Union of Post Primary Education Teachers and the Kenya Union of Special Education Teachers.

Teacher’s compensation increament as per CBA agreement was supposed to have been effected in two phases with the first successful one beginning on July 1, 2023. The second one was to commence on July 1, 2024 but did not materialize due to a funding shortfall at TSC.

Knut and Kuppet have given different warnings to paralyse learning when schools open for the third term in August over the salary changes that are yet to be effected.

President William Ruto signed the Supplementary Appropriation No. 2 on Monday, following the revenue deficit resulting from the withdrawal of Finance Bill 2024, shelving a Sh. 344 billion deficit. However, an increment in teachers’ salaries was not factored in as part of the supplementary budget.

Knut insists its members will take nothing short of the agreed 2.5 to 9 per cent increase in salary starting from 2023. The union treats any deviation from this as a breach of contract and a violation of labor rights.

Knut rejected the recent budget cut, citing it as eroding the legally binding agreement between TSC and Knut, which was deposited in the Employment and Labour Relations Court. The union’s argument is that the CBA, specifying a 2.5 – 9 percent salary increment, should not be compromised by budgetary decisions of the National Treasury.

According to Knut Secretary-General Collins Oyuu, “Though TSC tried to convince the Departmental Committee on Education and Research, and the Committee on Budget and Appropriation to avoid a budget cut, TSC’s budget has been slashed by Sh10 billion by National Treasury. This definitely is going to affect the implementation of the second phase of the CBA.”

To Knut, this reduction from Sh357.7 billion to Sh347.5 billion is a clear breach of the CBA. The union now wants the National Treasury to reinstate the full Sh10 billion to fulfill obligations spelt out in the agreement.

Recently, the new Education CS Julius Migos Ogamba, who was approved by Parliamentarians, revealed in vetting that he would engage with teachers over the possibility of postponing the implementation of the CBA due to financial constraints.

The house allowance rates under the agreement are rated in four clusters. Cluster 1 involves Nairobi City; Cluster 2, Mombasa, Kisumu, Nakuru Cities, among others; Cluster 3, all the other former municipalities; and Cluster 4, all other areas. House allowance rates for Clusters 1, 2, and 3 were maintained, while those for Cluster 4 were reviewed, with implementation divided into two phases.

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