Learning in varsities paralysed as details emerge on offer unions rejected

Learning in public universities was paralysed for the second day on Thursday, even as courts issued a second order barring non-teaching staff from staging work boycotts.

It emerged that managers of the institutions of higher learning were considering shutting them down as effects of the strike continued to bite.

Rongo University was the first to close, with communication from the university’s Deputy Vice Chancellor, Academic and Students Affairs Prof Michael Ntabo.

“Senate at the meeting held on Thursday, September 19, 2024 resolved that due to disturbances in the University in the last 24 hours, all Third year students are directed to vacate the University for the safety of University property, other students, staff and community,” Ntabo said.

On Thursday, the Universities Academic Staff Union (UASU) insisted that the strike will continue, with reports that the union would disregard a court order issued a day after the strike started.

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UASU Secretary General Constantine Wesonga confirmed that the strike will continue.

“There is no learning now and in days to come in all public universities or colleges, because we are on strike like no man’s business. I want to tell you that no learning is taking place,” he said.
Dr Wasonga maintained that the members will continue to strike until they get an acceptable deal.
 “University staff are burnt out, and they are fighting back and they will bring the whole sector to a standstill. They have had enough of falling pay, pension cuts and gig-economy working conditions,” he said.

He said, further disruption can be avoided if the concerns of staff are urgently are addressed.

“Vice-chancellors only have themselves to blame. Their woeful leadership has led to the strike action,” he said.

The push to keep off lecture halls and university working stations by unions came as details emerged of three offers tabled by the government but rejected by the unions.

The university's workers pushed for the retirement age to be fixed at 75 years and also demanded a book allowance of between Sh60,000 and Sh65,000 and professional allowance of between Sh40,000 and Sh50,000.

In the various offers, huge disparities were evident on the allowances including house, commuter, professional, book, annual leave, medical, as well as retirement age.

The details are contained in a conciliation report between UASU, Federation of Kenya Employees and Inter-Public University Consultative Council (IPUCCF).

The report is dated March 1, 2024 and was signed by Dr Wasonga.

The Standard has established that the UASU were given the first offer on September 3, 2021. It contained, condition that the parties will negotiate only on salaries and housing allowances for the entire CBA cycle covering FY 2021-2025.

In the deal, basic monthly salaries and housing allowances for UASU staff members would remain unchanged.

As a result, both the basic salary and housing allowance would be maintained at their current levels.

Other existing terms and conditions of service, as approved by the respective university councils, will also remain unchanged, unless individual councils decide to harmonize or improve them based on circumstances.

Individual university councils, in collaboration with their respective UASU chapters, were to initiate and conclude structured negotiations regarding other terms and conditions of service.

This agreement, effective from July 1, 2021, was to remain in force for a period of four years and continue thereafter until it was amended through mutual agreement between both parties, which the union rejected.

The second offer was provided on November 8, 2023 and it entailed conditions that the two parties will negotiate only on salaries and house allowances for the entire CBA cycle covering FY 2021-2025.

Basic monthly salaries and housing allowances for UASU staff members were to be paid according to the scales set by the Salaries and Remuneration Commission.
Other terms and conditions of service, as outlined in UASU's proposal of September 4, 2023, to IPUCCF, were to remain as negotiated and approved by individual university councils.

This agreement was to take effect from July 1, 2021, and was to remain in force for four years. It was also to continue thereafter until amended through mutual agreement between both parties.

If either party wished to amend the agreement, they were to provide the other party with one month's written notice, detailing the proposed changes. This was also rejected by UASU.

The final offer, which the union rejected, was tabled to the unions on January 16, 2024.

It said the two parties would negotiate only on salaries and house allowances for the entire CBA cycle covering FY2021-2025, in accordance with the terms and conditions outlined in the Recognition Agreement.

Basic monthly salaries and housing allowances for UASU members was to be paid based on the scales established by the Salaries and Remuneration Commission.
Other terms and conditions of service, as proposed by UASU on September 4, 2023, to IPUCCF, were to remain unchanged as negotiated and approved by individual university councils.
This agreement was to be effective from July 1, 2021, and was also to remain in force for a period of four years, until amended by mutual agreement between both parties.
However, UASU demanded a pay rise of between seven and 10 per cent, citing the strain of the rising cost of living and high taxes.

UASU based on 2021-2025 CBA for a professor earning Sh209,694 to move progressively to Sh379,877 after the four phases.

The lowest paid Graduate Assistant and Research Assistant earning between Sh57,729 moved to 149,235 while those in band earning Sh82,552 moved to Sh189,633.

Lectures say housing allowances in universities have stagnated for the last 16 years without review which forces most of them to struggle to make ends meet.

They want an increase of housing allowance for a Professor from Sh73,715 to Sh116,028 while the lowest paid Graduate Assistant/Research Assistant from Sh35,383 to Sh55,692.

The union want the Professors be moved from Job Group E to E5, Associate Professors from E1 to E3, Senior Lecturers from D4 to E1, Lecturers from D2 to D4 while Assistant Lecturers from C5 to D2.

If the anniversary of an employee's appointment or promotion falls within the first half of the quarter, the increment date will be set as the first day of that quarter.
However, if the anniversary falls within the second half of the quarter, the increment date will shift to the first day of the following quarter.

The promotion and appraisal committee schedules will be communicated to all employees and applied fairly, without favoritism. Promotions may also occur outside of the set timetable.
The employer will ensure equal opportunities for all employees, regardless of race, ethnicity, color, creed, religion, gender, or any other form of discrimination.

Any staff member dissatisfied with the promotion panel's decision may appeal to the chairman of the council. All internal promotions will be publicly announced through official circulars.

One frustration lies with the proposed retirement age for academic staff, which has remained inconsistent across universities.

The union is pushing for the retirement age to be harmonized at 75 years, giving lecturers the option to retire voluntarily at 50 or later, based on personal circumstances. Many staff members see this as critical for long-term job security.

According to UASU, while lecturers at Kenyatta, Machakos and Pwani Universities have a pegged retirement age at 75 years, while Masinde Muliro University of Science and Technology and JOOUST have it at 74 years, the majority of other universities have set it at 70 years.

Other universities including Egerton, Laikipia, Kisii, Chuka, Tharaka and Kaimosi retire their lectures at 65 years while at Turkana University they leave service at 60 years.

Moreover, university staff are frustrated by the government's failure to extend car loan and mortgage schemes that have been available to other public servants since 2015.

Despite promises, many university workers have not been able to access these benefits, leaving them feeling neglected by the system.

The union insists these financial benefits should be made available at favourable rates, just as they are for other sectors.

The other most contentious issue raised is the lack of adequate leave for academic staff. Many lecturers have been forced to teach courses without a break.

The union is now demanding 60 working days of annual leave with full pay, arguing that teaching staff cannot maintain their mental and physical health under such strenuous conditions.

The union also wants newly recruited teaching members of staff to be granted paid annual leave on a pro-rata basis, taking into account the date of appointment.

In addition, where employment of a teaching member of staff has been terminated after completion of two or more months’ aggregate service during any leave earning period, the teaching member of staff shall be entitled to pro-rata leave days with full pay.

The demand for harmonised allowances has also been raised, as staff feel the current system is both inequitable and inadequate.

Professors, Assistant Professors should get annual leave allowance of Sh60,000 while the Senior Lecturers, Lecturers, Senior Research Fellow and Research Fellow get Sh50,000.

On the other end the Assistant Lecturers, Tutorial Fellow and Junior Research Fellow to be entitled to Sh40,000 with Graduate Assistant getting Sh30,000.

One of the more profound issues is the disparity in medical benefits. The union argues that academic staff at public universities receive far less comprehensive medical coverage than other public servants.

The lecturers are calling for a fully-funded medical scheme that would cover not only them but also their spouses and dependent children. The strike is seen as a battle for fairness, not just in pay but in essential benefits like healthcare, which many feel have been ignored for far too long.

The dons also wants an annual book and professional allowances to teaching members of staff where if approved was to see Professors get 85,000 for book allowance while Sh50,000