NAIROBI, Kenya, Aug 28 — The Central Organization of Trade Unions (COTU) has urged the Teacher Service Commission (TSC) to negotiate a return-to-work formula with the Kenya Union of Post Primary Education Teachers (KUPPET) to end a strike by teachers allied to the union.
COTU Secretary General Francis Atwoli on Wednesday said that TSC should stop ‘bullying’ KUPPET with the court orders and get talks going.
Atwoli said a court order would only be useful as a tool to preempt a strike and not after the strike has started.
“TSC should humble themselves and get into negotiations table with KUPPET for the purpose of signing the return-to-work formula as there is already a commitment from government,” he said.
“If an arsonist who burns people houses has given you a notice that they will put your house on fire, are you going to give them a court order when they have already burnt your house, or before?” Atwoli posed explaining his position.
“If TSC can’t get to negotiations then the strike continues.”
Employment Court
Atwoli spoke amid continued defiace by KUPPET-allied teachers despite the Employment and Labour Relations Court in Nairobi stopping the secondary school teachers’ strike pending further orders on September 5.
The Employment Court issued the order on Tuesday in response to an urgent application by the Teachers Service Commission (TSC) lodged on Monday, August 26.
Justice James Rika said the orders will remain in place unless varied on September 5 when the court will mention the matter.
“Pending hearing and determination of the Application inter partes, an order of temporary injunction is granted to the Petitioner, restraining the Respondent, its officials, members, employees, agents, or other person acting on its behalf, from withdrawing labour and / or commencing, engaging in, participating or continuing to participate in the intended industrial action, set to commence or 24th August 2024, or any other time thereafter,” the judge declared.
The court ordered TSC to serve the Respondent and Interested Party who will in turn have seven days to file their respective responses.
TSC moved to court after KUPPET-allied teachers in some parts of the country commenced a nationwide strike on Monday citing unresolved grievances.
KUPPET maintained that the union will continue with its strike until the government heeds to its demands.
