Court halts university strike, orders dialogue between staff and government

The Employment and Labour Relations Court has suspended the nationwide strike by lecturers and other public university staff that had disrupted learning across the country for two days.

In a ruling delivered by Justice Stephen Radido, the court directed university staff unions, the Ministry of Education, and all relevant stakeholders to engage in conciliatory talks before the strike can proceed.

“There is evidence that the applicant [Inter-Public Universities Councils Consultative Forum] has reported a trade dispute to the Cabinet Secretary, Labour, as contemplated under the Labour Relations Act. Good faith in industrial relations requires that parties conciliate in good faith. The court will, therefore, issue an order interdicting the ongoing strike pending conciliation,” ruled Justice Radido.

The industrial action had been called by the Universities Academic Staff Union (UASU), Kenya University Staff Union (KUSU), and the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA). The unions accused the government of failing to fully implement the 2017–2021, 2021–2025, and 2025–2029 Collective Bargaining Agreements (CBAs).

UASU Secretary General Constantine Wesonga, who spoke on Wednesday, September 10, said lecturers and staff were owed billions in arrears. He cited Ksh2.73 billion from the 2021–2025 CBA and Ksh7.9 billion from the 2017–2021 CBA as pending payments.

Wesonga criticized the government and the Inter-Public Universities Councils Consultative Forum (IPUCCF) for “undermining agreements despite exhaustive dialogue,” insisting that unions had pursued all lawful avenues before resorting to the strike.

The strike notice was issued seven days earlier, raising fears of a total paralysis of teaching and operations in public universities and colleges countrywide.

However, a day before the industrial action kicked off, the government released Ksh2.73 billion in arrears from the 2021–2025 CBA in an attempt to avert the strike. Despite this payment, unions maintained that full settlement of all agreements remained unresolved.