Public schools may not reopen next week

By Vitalis Kimutai

Public schools may not reopen next week as the standoff between teachers’ unions and the Government over re-allocation of Sh5.5 billion meant for employment of new staff is deteriorating fast.

In a terse statement, the dominant Kenya National Union of Teachers (Knut) and Kenya Union of Post Primary Teachers (Kuppet) demanded immediate return of the money in the Budget. 

They also gave a seven-day strike notice, which means learning may not resume in a week after the August holidays if the Government does not yield.  The two unions are incensed at the re-allocation of the billions of shillings initially set aside for employment of 28,000 teachers to address the biting shortage.

Kenya National Union of Teachers officials David Okuta Osiany, Wilson Sosion, Albanas Mutisya and others in a show of solidarity as they protest a decision by Finance minister Uhuru Kenyatta to reduce Education budget estimates, outside their headquarters in Nairobi, on Tuesday. Photo: Tabitha Otwori/Standard

Apparently, what has infuriated the unions further is the revelation that Parliament dropped the push to have the Ministry of Finance reallocate the billions meant for employing teachers in exchange for the Treasury diverting more money from its kitty to clear their tax arrears.

It means Parliament cunningly found a way to get the tax the MPs have been resisting submitting in arrears, ‘paid’ through another source but from the national kitty. 

In 1998, teachers went on a one-month strike and again for 28 days in 2002. In both times teachers were demanding salary increments. Teachers again abandoned work for two weeks in 2009, while pressing for the implementation of the final package of a salary agreement.

In a rare show of solidarity on Tuesday, the two rival unions called on teachers to intensify pressure on Parliament to reverse the plans to deny Teachers Service Commission (TSC) the money. Unless the MPs budge, operations in public schools would be paralysed next week because the two unions, which represent primary and secondary school teachers, are speaking one language.

“We will paralyse operations in public schools, which are scheduled to reopen next Monday,” said Kuppet Secretary General Akello Misori.

In the revised 2011/2012 Budget, there is no provision for budgetary reserve – a kitty used to fund emergency expenditures – with the Sh2billion initially allocated for teachers reportedly moved to boost Parliament’s budget.

Pay tax arrears

Parliamentary Service Commission is likely to use the additional funds – Parliament’s budget has increased to Sh8.5 billion up from Sh6.5 billion – to settle MPs’ tax arrears.

It would appear the deal to have PSC foot MPs’ tax arrears was smoothened by an earlier agreement in which the Government undertook to pay tax arrears for ministers and Assistant ministers.

In a circular to all Permanent Secretaries as chief accounting officers of ministries, the Head of Civil Service Francis Muthaura said the Government would pay taxes on ministerial allowances until December 2012. He also instructed that the ministers be refunded deductions already made.

The Treasury was eager to go along with the clandestine deal so MPs could drop the radical changes they had initially proposed to the budget and also avert the rejection of the Appropriations Bill, which threatened a shut down Government by starving it of funding.

The changes are expected to be approved today, when Parliament passes the 2011/2012 Budget for 66 ministries and State corporations through the guillotine arrangement in the Committee of Supplies. That was according to Order Paper for today released on Tuesday.

But a dissenting member of the committee Gwasii MP, John Mbadi, said last evening he opposed the changes and added that it would be unconstitutional to bring a Motion by the Committee of Supplies before an Appropriation Bill to legalise expenditure.

Confirm contracts

“If this Motion is brought to the House before an Appropriation Bill, then it would be unconstitutional because it is seeking to urge Parliament to approve withdrawal from the Consolidated Fund via a Motion contrary to the provisions of Article 206 of the Constitution, particularly Article 206 (2) and (3).

Teachers accused the Parliamentary Budget Committee of re-allocating the money, which was set aside for TSC to confirm 18,000 teachers on contracts and employ another 10,000 to ease shortages in public schools.

“Today is one of the darkest days in the history of education.  We are declaring a trade dispute between TSC and Knut and calling on our members to down their tools if the discriminatory action by MPs is not reversed,” Knut Secretary General David Okuta announced.

“It is unfortunate that MPs who have refused to pay taxes despite their super-earnings have decided to rob poor teachers of their money. Enough is enough, we cannot continue feeding and pampering the legislators as if they are our pets,” Okuta stated. The teachers said they would take the industrial action to stop alleged reckless manipulation of Parliament by the Treasury.

Misori argued: “MPs have approved the allocation of Sh200 billion to non-performing parastatals yet they are taking away Sh5.5 billion meant to employ teachers and improve standards of education.”

“We are calling on reform-minded leaders and other stakeholders to join teachers in demanding their constitutional rights,” Misori said.

Approved

Okuta said that the union officials had repeatedly raised the issue with relevant ministries and Parliament, but their pleas had gone unheeded.

 “We want to tell the Minister for Labour that we are not in the mood to laugh with anyone,” Okuta said.

He complained whereas Knut had met top Treasury officials and that the Parliamentary Budget Committee had approved the allocation, and the matter was agreed on by the MPs, the same committee had turned round and re-allocated the funds.

“We are calling on parents to support us in fighting this injustice that would further mess up the standards of education,” Okuta pleaded.

Okuta was flanked by Knut national chairman Wilson Sossion and the national Treasurer Bernard Mutisya, among others.

He spoke at Knut headquarters, with members of the National Advisory Council and teachers representatives from various regions.

Sossion said: “This is a war between the rich and the poor. Some leaders were brought up in royal families. They do not understand the tribulations the common man undergoes everyday.” He asked the Minister for Labour to consider all avenues to address the issue and ensure that TSC employs teachers on fair and equitable terms.  “The withdrawal of the financial allocation marks the lowest time in our history. It comes at a time standards of education are at its lowest,” said Sossion.