The government, through the education ministry, has striked a deal with the Kenya Union of post primary education teachers (KUPPET), which has led to the latter calling off a nationwide strike that it had planned next for week.

Education Cabinet Secretary George Magoha has said that the administration of national examinations that will start next week will be smooth.

Prof Magoha said the government has reached an agreement with Kenya Union of Post Primary Education Teachers (Kuppet) to avert a looming strike that would have paralysed the tests.

The union had threatened to call a strike after Teachers Service Commission (TSC) declined to start talks on the renegotiation of the 2021-2025 Collective Bargaining Agreement (CBA). The details of the deal between the government and KUPPET are yet to be revealed though.

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Magoha however said that its all systems go for the examinations.

“As the head of the education sector and as the father and the grandfather of all the children, I already reached out to Kuppet to call off that strike and I can assure you that exams will take place,” Magoha said at Karibaribi Secondary School in Kiambu.

Magoha said the tests will start next week as planned.

Some 2.1 million candidates will sit the 2021 Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE).

Kenya National Examination Council (KNEC) chief executive David Njengere said 1,225,507-odd candidates will sit KCPE in 28,316 centres.

And for KCSE, he said 831,015 candidates were registered and will write the tests in 10,413 centres.

A data collection exercise meant to review hardship areas in the whole country has been scheduled by the Principal Secretary for Interior Services to begin this morning.

The exercise, which will inform addition or removal of some hardship areas, will involve five teams.  Each of the five teams will have representatives from; Ministry of Public Service and Gender, Ministry of Interior and Coordination of National Government, Ministry of Education, The National Treasury and Planning, Public Service Commission, Teachers Service Commission, Kenya National Bureau of Statistics, Council of Governors, Commission on Revenue Allocation, Salaries and Remuneration Commission and The Judiciary. The teams will be visiting various areas in the country to collect data, which can be used to categorize the areas as hardship areas or not.

“The exercise is scheduled to start from 5^th September to 17^th September, 2021 as outlined in the programme. The travel date to the field will be on 5th September, 2021 and return to Nairobi on 18th September, 2021,” reads the circular from the interior PS.

The PS ordered County Directors of Education, Teachers Service Commission County Directors and

Officers incharge of Kenya National Bureau of Statistics in County’s to assist the teams with

valuable data and input towards achieving the objectives of the survey.

The current official hardship areas approved and included in the 2021-2025 CBA are;

1)Baringo North;Tiaty East, Tiaty West and Marigat sub-counties in Baringo County.

2)Garissa County

3) Suba and Mbita sub-counties in Homa Bay County

4)Isiolo County

5)Mashuuru Lotortok and kajiado West sub-counties in kajiado county

6)Kwale County

7) Magarini,änd Ganze in Kilifi County

8)Lamu.County

9)Mandera County

10)Marsabit County

11)Mumoni, Mutito North and Tseikuru sub-counties in Kitui County

12)Narok South and Narok North sub-counties in Narok County

13)Samburu County

14)Taita Taveta County

15)Tana River County

16)Turkana County

17)Wajir County

18)West Pokot County

It is now confirmed that there will be No pay rise for teachers as the much-hyped negotiations between TSC and unions at safari park hotel failed.

Knut Secretary General Collins Oyuu termed the proposal offered by TSC laughable.Treasury allocated over Sh588 billion to the Ministry of Education in the 2021/2022 financial year budget, no monies were allocated to finance the 2021-2025 CBA.

With the 2017-2021 CBA set to expire today, June 30, the probability of teachers signing a new CBA with the unions is zero.

The Teachers Service Commission pegged the decision to disallow any salary increment for teachers in the public sector to an advisory opinion from the Salaries and Remuneration Commission.

“SRC gave an advisory that there would be no review of the basic salary structures, allowances and benefits paid to the public sector in the financial year 2021 /2022 — 2022/2023,” TSC CEO Nancy Macharia said.

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In line with the SRC directive, TSC has sought to negotiate on other components of the CBA while maintaining the current salary rates.

The proposal was fronted to the unions as discussions for the 2021-2025 Collective Bargaining Agreement began.

However, Kenya National Union of Teachers and Kenya Union of Post Primary Education Teachers rejected the TSC offer in the negotiations, noting it has not included any monetary gains in the CBA.

“Kuppet is reluctant to entertain a CBA with no monetary benefits,” Kuppet secretary general Akelo Misori said in a statement.

Misori said that the union is pushing for a pay rise that would cushion teachers against inflation and the burdens of increased workload under the Competency-Based Curriculum (CBC).

He confirmed dissatisfaction with the proposed TSC counter offer to the 2021-2025 Collective Bargaining Agreement.

“Given the wide disparities in remuneration across the various cadres in the expiring 2017-2021 CBA, coupled with the sharp inflation in the country, this is the time to review teachers’ salaries,” Reads a statement a statement by KUPPET.

KUPPET has termed the content of the proposals by TSC as ‘negligible improvement’ in the working condition of teachers.

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Civil servants, teachers and lecturers have strongly rejected the decision by the government to freeze salary reviews for two years beginning next month.

This will set stage for a clash between the unions and the government, which is likely to paralyse smooth running in major sectors.

The Salaries and Remuneration Commission (SRC) announced there would be no salary increments for all civil servants for two years beginning July, amid admissions from the National Treasury that it is struggling to get enough money to run government.

Teachers and lecturers in public universities will also be affected by the decision. The suspension affects the workers’ basic salary, allowances and other benefits.

The new move will hit public-sector workers hard, coming just months after the SRC directed all public institutions to ensure workers’ allowances do not exceed 40 per cent of their pay.

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Implementation of the directive begins next month and will have the effect of reducing incomes earned by a majority of government workers who have been relying on allowances to make extra money.

“This means there will be no public university education for those two years. SRC wants to create a crisis as public sector workers will down their tools,” Universities Academic Staff Union (Uasu) Secretary-General Constantine Wasonga revealed.

On Thursday, SRC confirmed that the decision to suspend implementation of the third remuneration review cycle had been prompted by the difficult economic times the country finds itself in, largely due to the Covid-19 pandemic.

“The National Treasury advised the commission that due to the effect of the Covid-19 pandemic on the performance of the revenue and the expected slow economic recovery, it should consider postponing the review for the next two fiscal years until the economy improves and the National Treasury will review the performance of the economy and advise SRC as and when the review can be done based on the prevailing circumstances to ensure affordability and fiscal sustainability,” SRC Chairperson Lyn Mengich said.

The commission said the government would save a substantial amount from the Sh82 billion it would have spent on implementation of the 2021/22 – 2024/25 remuneration review cycle.

Mengich said the commission considered the government’s financial constraints, the current wage bill and the need to release resources for investment to jumpstart a Covid-19-ravaged economy.

In line with the new directive, no additional funding will be provided for implementation of job evaluation results in the financial year 2021-2022 and 2022/2023.

The commission also stated that public-sector institutions will be required to fully implement the Allowances and Benefits Policy beginning July, which now requires that all the allowances government workers earn should not exceed 40 per cent of their total pay.

Mengich said the agency would review the situation after the two years “and based on the status of the economy, guide on the way forward for the remaining period of the third remuneration and benefits review cycle”.

“Public-sector institutions may implement job evaluation results by placing jobs in their rightful job evaluation grading, within the existing salary structures and approved budgets, subject to confirmation to SRC that the funding is provided for in the current budget,” she added.

The two-year freeze is a big blow to 330,671 government-employed teachers, whose current CBA expires in two weeks.

Teachers have been eagerly waiting for the Teachers Service Commission (TSC) to table counter-offers to the pay increase proposals presented by the Kenya National Union of Teachers (Knut) and the Kenya Union for Post-Primary Teachers (Kuppet).

Lecturers in public universities, who have also been agitating for a salary increase, are also staring at bleak times ahead.

Knut secretary-general Wilson Sossion rejected the decision immediately it was announced, saying the government was using Covid-19 as an excuse to deny workers their rights.

“It is fundamentally wrong for SRC to succumb to the Treasury. Even if the economy is bad, it’s bad for workers also. The government is spending too much on capital investments at the expense of the social sector,” he said

His Kuppet counterpart, Mr Akelo Misori, also condemned the freeze, adding the union would issue a comprehensive statement after a meeting of the national executive committee of the union.
Last week, the union wrote to the TSC demanding a counter-offer to their CBA proposals.

“To restate the obvious, teachers expect nothing short of a salary increment and the SRC statement will not distract us from our demand. We have activated our organs to re-engage the TSC ahead of the expiry of the current CBA and to consider all the options available to us in the coming weeks and months,” he said.

The Union of Kenya Civil Servants also rejected the reasons advanced by the commission and vowed a fight to ensure their members are cushioned  from the high cost of living occasioned by the pandemic.

First Deputy Secretary-General Jerry ole Kina declared that SRC lacks the mandate to make the kind of pronouncement it made Thursday as it doesn’t collect taxes.

“Let the SRC focus on the mandate bestowed on them by the constitution. They don’t collect taxes and therefore lack the legitimacy to make the kind of decision they have done,” he said.

“The import of the statement is that it is only the economy that has been affected by the pandemic,” he said, adding that the decision amounts to condemning millions of Kenyans who have been hit by the pandemic in the last two years.

“SRC should come down from their ivory tower, consult stakeholders and make a decision based on public participation. Price indices have sky rocketed in the last two years forcing a steep down spiral in purchasing power for most of Kenyans workers,” Mr Ole Kina added.

The SRC’s decision comes at a time Kenya’s public wage bill has been on an upward trend for over five years, growing by 34.5 per cent between 2015 and 2020.

Figures from the commission show the wage bill has grown from Sh615 billion in the 2015/16 financial year to Sh664 billion (2016/17), Sh733 billion (2017/18), Sh795 billion (2018/19) and Sh827 billion (2019/20).

“The current public sector wage bill consumes a larger percentage of revenue than the target set in the Public Finance Management Act 2012 and a larger percentage of GDP compared to the average for developing countries. To jumpstart the Covid-19-ravaged economy, more resources must be made available for investment in the government’s priority areas.

To release resources for investment in the priority areas, the wage bill-to-revenue and wage bill-to-GDP ratios must take a trajectory towards achievement of the target ratios,” Ms Mengich said.

She said if Treasury’s revenue targets are met in the coming financial year, the freezing of pay increments would have the effect of reducing the wage-bill burden on Kenya’s revenues from 51.7 per cent to 48 per cent.

The decision also comes at a time Treasury has admitted the country is running broke, with disbursements to county governments, ministries, departments and agencies (MDAs) lagging behind.

“There is a challenge of revenue performance as a result of slowed economic activities and this is not unique to counties. We have challenges disbursing funds to the MDAs and are really falling behind,” Treasury CS Ukur Yatani told the Senate this week.

On Tuesday, TSC boss Nancy Macharia said the commission was waiting for advice from the SRC.

“The unions have presented proposals to us, which we have studied. We are now awaiting advice from the Salaries and Remuneration Commission on the best way to proceed, based on an ongoing job evaluation. We request our teachers to remain calm as we await the SRC’s advice while remaining aware of the existing macro-economic situation of the country, which has been heavily impacted by the negative effects of Covid-19,” she said.

Teachers across the country can now have a sigh of relief since the efforts by Mvita Member of Parliament to recover their 2021-2025 CBA is bearing observable fruits.

Abdulswammad Sherrif Nassir, the MP for Mvita, has strongly pushed TSC to present a counter CBA 2021-2025 proposal to the teachers and ensure that negotiations are completed so that teachers get a new CBA by July.

“Pursuant to the provision of the standing order no. 44, 2 ©, I seek to request a statement from the chairperson of the departmental committee of education, regarding renewal of teachers CBA,” began the legislator in parliament.

Nassir confirmed that teachers have a lot of anxiety since the current CBA is about to expire yet there are no hopes for the next CBA.

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“The current CBA between the teachers service commission, TSC and teachers across the country is set to expire in a matter of weeks, thereby creating unwarranted anxiety among teachers.

Nassir also blamed the negotiations delay on TSC, claiming that KNUT and SRC have done their parts yet TSC has failed.

“Already the Kenya National Union of Teachers (KNUT), as well as the Salaries and Remuneration Commission, (SRC) have submitted their respective CBA proposals but TSC is yet to forward any proposal from its end,” stressed Nassir

The MP for Mvita therefore sought a statement from the chairperson of the departmental committee on education, responding to the following questions:

1. Within which specific timelines is the TSC planning to submit its CBA proposal for teachers in order to renew the current CBA?
2. How many KNUT members have either not been promoted or have not received salary increment as per the current CBA.

In response, Florence Mutua, the chairperson of the parliamentary committee on education revealed that there is something for teachers at the end of the month.

“CBA is coming to an end. I met madam Nancy this morning and she said she will look into the matter urgently. We are expecting a response as soon as possible. We have to have something for teachers at the end of the month,” said mutual before parliament.

She also asked about the counter proposal and was told she will get response in a week.

KUPPET has  threatened that teachers will boycott work next month if their employer fails to increase salaries.

The Kenya Union of Post-Primary Education Teachers (Kuppet) says the Teachers Service Commission (TSC) has not negotiated a Collective Bargaining Agreement (CBA) to replace the one that expires at the end of this month.

Kuppet issued a seven-day notice to TSC demanding a counter offer to its 2021-25 proposal, which the union tabled in 2019.

“We wish to state that teachers expect nothing short of a salary review this year,” said Kuppet Secretary-General Akelo Misori.

Negotiations are supposed to have ended and the CBA deposited in court before its implementation from July 1.

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Kuppet and TSC officials have had two retreats since the union submitted its proposal.

The TSC has not tabled any counter-offer or initiated negotiations on the one presented.

Mr Misori said the commission has made teachers believe that it is waiting for an advisory from the Salaries and Remuneration Commission (SRC) before presenting a counter-offer.

“We have gathered that the advisory was given but TSC has not shared it with us,” Mr Misori said.

He added that Kuppet wrote a protest letter to TSC, the National Treasury and SRC two weeks ago. Mr Misori said TSC acknowledged the letter but did not give indications of starting the pay negotiations.

In the May 9 letter, Mr Misori asked TSC to address the delayed CBA.

“These circumstances have spawned anxiety in the service. They should be urgently addressed…to conclude the process within the time left,” Mr Misori wrote.

TSC chief executive Nancy Macharia in a May 24 letter signed by commission lawyer, Cavin Anyuor, said she had noted Kuppet’s position on the new CBA.

“The commission is taking all steps to ensure the matter is addressed in the shortest time possible,” Ms Macharia said.

Mr Misori told reporters that TSC has not invited Kuppet to any meeting.

Kuppet chairman, Omboko Milemba, said the delay of a CBA will affect teachers as there would be no binding document to give guidelines on salaries and other matters affecting them.

“We understand the economic situation in Kenya but it should be noted that the roles of teachers in schools have increased. They, therefore, need a salary increase next month,” Mr Milemba said.

Kuppet vice-chairman, Julius Korir, said the union is ready to start negotiations and ensure teachers get better pay.

The Kenya union of post primary teachers, KUPPET, have maintained that all teachers want is a review of their salaries this year.

KUPPET revealed that it had written to TSC, treasury and SRC two weeks ago over delay in the concluding collective bargaining agreement, but received a shallow response from the commission.

“The response we received from TSC alarmed us. All that TSC did was to agree with our concern, without addressing it in any way. Now with barely three weeks to the expiry of the current agreement, the governments indifference to the process has caused intense anxiety and tension in the teaching fraternity,” reads part of KUPPET’S Press statement.

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KUPPET decried the government’s act of dragging its feet on the CBA negotiations for more than a year, despite the union diligently discharging its obligation of pushing for the talks.

“We have been waiting for the counter offer from the employer but to our demands. We were made to believe that TSC was waiting for an advisory from SRC before giving the counter offer,” kuppet explains in the letter.

From KUPPET’s sources, SRC gave the advisory but TSC never shared with them, not even a counter offer. KUPPET alleges that the media has been awash with the speculations as to what the CBA contains and that teachers have been treated to what appears to be a carefully choreographed coverage in the press, insinuating that the government will not provide any funds for a new CBA this year.

The media coverage has blamed covid-19, economic recession, and other factors for the inability of the government to review teachers’ salaries.

KUPPET insists that those are mere excuses, adding that public sector remuneration reviews can stimulate post pandemic economic recovery.

The union claims that cost of living has skyrocketed, teachers’ workloads have increased sharply under CBC, teachers’ roles have expanded to mitigate pandemic, there is a biting teacher shortage, thus there is no justification to deny teachers a salary review.

” If anything, the government has raised the salaries for cadres like MCAs, and administrative officers, who are already so handsomely paid, without any demand from them.”

The Kenya union of post primary teachers two weeks ago wrote to the teachers’ service commission, TSC, expressing their anxiety and that of teachers over stalled Collective bargaining agreement negotiations.

“I am writing to express our concern at the commissions delay in concluding the negotiations for the new collective bargaining agreement, CBA. With the expiry of the current CBA imminent, the union is yet to receive a counter offer to our demand, as per the laid down process,” reads the introduction part of the letter.

KUPPET confirmed in the letter that what remained before the counter offer was an Advisory from the salaries and remuneration commission, which the union has waited for for so many months. A counter offer can only be tabled by an employer upon an advisory from SRC.

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Additionally, KUPPET Expresses disappointment concerning the speculative covering of what the SRC advisory contained, by the media, yet the union knows nothing about the advisory and the counter offer.

According to the letter, the media coverage has caused deep anxiety among teachers and the anxieties should be addressed urgently through concrete steps to conclude the CBA process within the limited time left.

KUPPET reminds TSC that failure to meet for the negotiations will stretch teachers’ patience to the limits.

With the current CBA ending in June, a new one ought to have been negotiated and signed, awaiting implementation in July.

The teachers service commission has been avoiding negotiation with unions despite their calls for the negotiations of the new CBA. The budget for the next financial year has been concluded and the provision of the 2021-2025 salary review for teachers is missing.

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So far, the teachers service commission has responded to KUPPET’S LETTER, acknowledging receipt and concurring that the sentiments are valid. Further, TSC promises that the matter will be addressed in the shortest time possible.

If the negotiations are not done, teachers might miss salary review in July.

The Kenya union of post primary education teachers, KUPPET, has already drafted a revised copy of its CBA 2021-2025 proposal and submitted to the teachers’ service commission, TSC.

The decision to review the proposal was arrived at during the KUPPET-TSC Naivasha retreat in March.

KUPPET has adjusted its CBA 2021-2025 salary proposal to between 45 to 60 per cent, from the initial 30 %-70%.

Although the treasury has cited lack of funds to fully implement the projected CBA, KUPPET has not commented and the matter. However, submitting its proposal to TSC means there are still more hopes concerning the July salary hikes.

In the new proposed CBA, KUPPET wants intern teachers to be retained by the teachers’ service commission for more than six months before permanent employment and paid a monthly stipend of ksh. 25,000.

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In addition, KUPPET also wants TSC to provide scholarship to teachers a master’s degree in education programmes and actively in class. The union wants the introduction of a post graduate allowance for teachers who poses masters and PHD degrees, irrespective of their positions in service.

The proposal also wants teachers to manage pension for teachers unlike the current set up where retired teachers are frustrated and unable to access their pension.

Another proposal by KUPPET is for the government to provide car loans and mortgage to teachers.

KUPPET was reacting to the SRC job evaluation report, which recognized the huge workloads classroom teachers have and the additional responsibilities that will come in the wake of the CBC curriculum. Next

It has now emerged that the negotiations of 2021- 2025 CBA between teachers and the teachers’ service commission could not proceed due to low quorum.

Out of nine, TSC commissioners, only two have been on duty Since March 2019, a situation occasioned by the retirement of the other seven commissioners.

During the parliamentary pressing of TSC CEO Nancy Macharia on Wednesday, it became clear that for parties meet and negotiate a CBA, a minimum thresh hold of TSC commissioners must be met. That minimum representation has not been met since March 2019 since the commissioners have only been two. The two cannot make binding decisions as the nine-member commission is only considered legally constituted with at least half of the members. TSC has thus been accused of having some strategic intentions to avoid CBA talks since it would have informed the unions about ‘lack of quorum’ rather than taking them in circus.

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Parliament demanded to know whether quorum hitches that have rocked the commission have risked the welfare of teachers, including negotiations on a new Collective Bargaining Agreement (CBA).

“Can the CEO explain why she did not notify the President when she realised that the commission lacks quorum to decide on teachers issues? How have they been operating?” Mutua asked.

Migori woman rep Pamela Odhiambo lamented the quorum hitch, saying, teachers’ issues are crucial.

“Some of the commissioners retired in 2019, why has it taken too long to pick their replacement?”Odhiambo asked.

TSC is responsible for recruitment, promotion, disciplinary processes and reviewing the standards of education and training of teachers. However, Macharia dismissed claims that lack of quorum had affected the functions of the commission.

In her defense, Macharia said TSC has been focusing on implementing earlier decisions, adding, it is not within her jurisdiction to notify the President on retirement of commissioners.