NAIROBI, Kenya – The Employment and Labour Relations Court has issued a temporary injunction halting the nationwide strike initiated by the Kenya Union of Post Primary Education Teachers (KUPPET).
This order is effective until the resolution of a case filed by the Teachers Service Commission (TSC), which lists the Ministry of Labour and Social Protection as an interested party.
The decision, handed down by Judge James Rika, prevents KUPPET members from engaging in or continuing with the industrial action planned to begin on August 24, 2024.
“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,” Judge Rika stated in his ruling.
Judge Rika also directed KUPPET and the Ministry of Labour and Social Protection to file their responses to the case within seven days.
The case is scheduled for mention on September 5, 2024, to chart the way forward.
The strike, which began on the first day of the third academic term, saw teachers across the country abandoning classrooms to protest the government’s failure to address their grievances.
KUPPET’s demands include the implementation of the second phase of the 2021-2025 Collective Bargaining Agreement (CBA), the promotion of teachers, the permanent employment of Junior Secondary School (JSS) teachers, and the reinstatement of their medical cover.
The TSC moved to court, arguing that the strike would disrupt learning in the country’s post-primary institutions, affecting students’ academic progress.
With the court’s decision, both the teachers and the government now find themselves in a tense waiting period as the legal proceedings unfold.
This order is effective until the resolution of a case filed by the Teachers Service Commission (TSC), which lists the Ministry of Labour and Social Protection as an interested party.
The decision, handed down by Judge James Rika, prevents KUPPET members from engaging in or continuing with the industrial action planned to begin on August 24, 2024.
“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,” Judge Rika stated in his ruling.
Judge Rika also directed KUPPET and the Ministry of Labour and Social Protection to file their responses to the case within seven days.
The case is scheduled for mention on September 5, 2024, to chart the way forward.
The strike, which began on the first day of the third academic term, saw teachers across the country abandoning classrooms to protest the government’s failure to address their grievances.
KUPPET’s demands include the implementation of the second phase of the 2021-2025 Collective Bargaining Agreement (CBA), the promotion of teachers, the permanent employment of Junior Secondary School (JSS) teachers, and the reinstatement of their medical cover.
The TSC moved to court, arguing that the strike would disrupt learning in the country’s post-primary institutions, affecting students’ academic progress.
With the court’s decision, both the teachers and the government now find themselves in a tense waiting period as the legal proceedings unfold.
