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Lecturers Take Pay Dispute to Parliament as CBA Battle Escalates

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Lecturers Take Pay Dispute to Parliament as CBA Battle Escalates

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Public university workers have mounted a direct appeal to the National Assembly, seeking urgent intervention to resolve a four-year-old salary dispute that has paralyzed higher education and pitted unions against state Treasury officials.
The petition was submitted by the National Secretary Generals of the University Academic Staff Union (UASU), Dr. Constantine Wesonga Opiyo, and the Kenya University Staff Union (KUSU), Dr. Charles Mukhwaya.
Reading the Petition to the House, Deputy Speaker Hon. Gladys Boss, highlighted the protracted disagreement over the final figures owed to the approximately 30,000 public university staff.
The Petitioners states that on 28th October 2019, the Inter-Public Universities Councils Consultative Forum (IPUCCF) and the Universities’ Academic Staff Union (UASU) signed the 2017-2021 Collective Bargaining Agreement (CBA). The CBA was subsequently registered by the Employment and Labour Relations Court.
“In order to fund the 2017-2021 CBAs, Parliament approved in May, 2020 the Supplementary II Budget Estimates for the FY 2019/2020 which contained allocation for the CBA, and subsequently appropriated the funds under the Supplementary Appropriations Act, 2020,” reads the petition.
The Unions claim that on July 3, 2020, the National Treasury through the Ministry of Education, Science and Technology (MOEST), availed Ksh6.6 Billion to the public universities as initial funding for the CBAs which covered Part of arrears of basic salary for all public university and the balance of Ksh2.2 Billion was expected to be included in the 2021/2022 Budget.
However, the National Treasury allocated only Ksh2 Billion resulting to a balance of Ksh200 million.
Basic Salary
The Petitioners have decried the failure to pay basic salary as per the registered 2017-2021 CBA is a breach of the terms and conditions of service for the academic staff, comprising Professors, Associate Professors, Senior Lecturers, Lecturers, Assistant Lecturers, Tutorial Fellows and Graduate Assistants and all public universities have not paid the arrears in full accruing under 2017-2021 CBA.
“The matter was taken to the Employment and Labour Relations Court vide Case No. ELRC CBA and 3 of 2020 Collective Bargaining Agreement. The matter was subsequently determined by the said Court and it proceeded to the Court of Appeal where it was settled in their favor making interim orders for partial implementation,” stated Deputy Speaker Boss.
Cost of Implementing CBA
They pointed out that the total cost of implementing the CBA is Ksh16.57 billion including pension and liabilities; and not Ksh8.8 Billion as by the computation of the Salaries and Remuneration Commission (SRC) as requested by National Treasury and the Ministry of Education.
The workers, who include Professors, Lecturers, and staff from allied unions, are also pushing for the immediate start of negotiations for their next pay deal.
“We will not return to work until even the new 2025-2029 CBA is discussed and agreed upon,” they stressed in their submissions, linking the settlement of old arrears to the initiation of new talks.
In line with Standing Order 225(2) (b), which requires the Speaker to report all petitions, Hon. Boss formally committed the matter to the Departmental Committee on Education for deliberation.
The Committee, chaired by Julius Melly is expected to meet the National Treasury and the Ministry of Education, Science and Technology (MOEST) next week.

A past session of the National Assembly. PHOTO/Parliament.

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