Court Suspends Nationwide University Staff Strike, Orders Conciliatory Talks
NAIROBI, Kenya – In a significant development that could potentially end the paralysis of Kenya’s public university system, the Employment and Labour Relations Court has issued orders suspending the ongoing nationwide strike by university staff and directing parties to engage in conciliatory talks. The ruling, delivered on Thursday, offers a temporary reprieve for thousands of students whose education has been disrupted by the industrial action that has crippled academic activities across the country.
The strike, called by the Universities Academic Staff Union (UASU) and the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA), entered its third week before the court intervention. The unions had downed tools to demand the implementation of the 2017-2021 Collective Bargaining Agreement (CBA), which includes substantial salary increases and improved working conditions that the government had previously agreed to but failed to fully implement.
Justice Byram Ongaya, presiding over the case, issued conservatory orders suspending the strike for 60 days to allow for meaningful negotiations between the unions, the government, and university administrations. As reported by Nation.Africa, the judge emphasized the need for all parties to return to the negotiating table in good faith, noting that the continued strike was causing “irreparable harm” to students and the higher education sector.
“The conservatory orders are hereby issued suspending the ongoing strike for a period of 60 days to allow parties to engage in conciliatory talks under the guidance of the Cabinet Secretary for Labour. The parties are directed to convene within seven days to commence negotiations and file a progress report with the court within 30 days.”
This directive from Justice Ongaya establishes a clear timeline for resolution attempts and maintains judicial oversight of the process. The court’s intervention came after the Inter-Public Universities Councils Consultative Forum filed an urgent application seeking to halt the strike, arguing that it had brought academic activities to a complete standstill and jeopardized the academic calendar.
The strike has had far-reaching consequences across Kenya’s public university system, affecting all 31 public universities and their constituent colleges. Lectures, examinations, and research activities have been suspended indefinitely, leaving thousands of students in limbo. The situation has been particularly dire for final-year students who were preparing to complete their studies and graduate, as well as for those who rely on university accommodation and meals.
According to coverage by Kenyans.co.ke, the unions have expressed cautious optimism about the court-ordered talks but remain adamant that their demands must be addressed substantively. Union officials have consistently argued that the government’s failure to honor the CBA, which was registered in court and therefore legally binding, has eroded the purchasing power of their members amid rising inflation and the high cost of living.
“We welcome the court’s directive for talks, but we want to make it clear that our members will not accept anything less than the full implementation of the 2017-2021 CBA. For too long, we have been given empty promises while our members struggle to make ends meet. This time, we need concrete action, not just more dialogue.”
This statement from a UASU official captures the determination of the striking staff, who have endured salary delays and watched their real incomes diminish significantly over the past several years. The unions are seeking a 301 billion shilling allocation to fully implement the CBA, which includes not only salary increases but also harmonization of housing allowances and medical cover improvements.
The government’s position, represented by the Ministries of Education and Labour, has centered on fiscal constraints and the need for sustainable wage bills within the university sector. Officials have pointed to the challenging economic climate and the strain that implementing the CBA in full would place on already stretched public finances. However, critics argue that the government has consistently prioritized other sectors over education, leading to the current crisis.
Students’ organizations have welcomed the court’s decision, expressing hope that it will lead to a permanent resolution and the resumption of learning. Many students, particularly those from humble backgrounds, have faced significant hardship during the strike period, with some being forced to return home due to the lack of academic activities and the high cost of maintaining themselves in university towns.
The success of the court-ordered talks will depend heavily on the willingness of all parties to compromise and find creative solutions to the impasse. Potential middle-ground solutions might include phased implementation of the CBA, restructuring of university debts, and efficiency measures within institutions to free up resources for staff compensation.
As the 60-day negotiation period begins, the future of Kenya’s public university education hangs in the balance. The outcome of these talks will not only determine when students can return to their studies but also set a precedent for how labor disputes in the critical education sector are handled in the future, with implications for the quality and stability of higher education in Kenya.
