Threats and blunders in ongoing strikes

By Martin Mutua and Alex Ndegwa

With no end in sight to the teachers and doctors strike, attention is turning to the President for leadership.

Also falling in step in the national discourse on how to end the strikes whose effect is being felt in almost every Kenyan home is Prime Minister Raila Odinga.

Then there is the focus on blundering ministers, who instead of negotiating an end to the strikes, expected to be joined by nurses on October 1, added fuel to fires through insensitive statements, which fouled the mood of negotiations.

The two principals have remained silent, preferring to work through Cabinet where the principle of collective responsibility distributes burden of culpability to the 40-plus members.

Just when the dispute to teachers had narrowed down to whether the Sh13.5 billion should be paid in three tranches as demanded by Government or at one-go as asked by teachers, Cabinet warns teachers they all face the sack.

Not just that – the Cabinet also declared if the strike goes on, the 100,000 trained teachers yet to be employed, and retired teachers under age 65, would be employed to salvage the crumbling public sector.

As the waves of strikes, which have roots in the unfulfilled return-to-work formulas signed with Government last year, roll on with devastating effects, questions remains how long they would allow labour unrest to fester.

The only time the President, who is retiring spoke, was to say the teachers were hurting the children whose interests they are employed to protect. Yet, because he has anchored his legacy on Free Primary Education, it now seems even this, too, is threatened as public education system flounders.

Thursday top Church leaders appealed to President Kibaki and PM Raila to personally address the matter to break the stalemate.

Led by Catholic primate John Cardinal Njue, Anglican’s Archbishop Eliud Wabukhala, and National Council of Churches of Kenya, they called on the two leaders to demonstrate resolute leadership on the ongoing strikes. (See separate story)

Situation worsened 

The situation was worsened by the manner, even as negotiations progressed, Finance minister Njeru Githae declared there was no money for teachers, but he was ready to lose his job than increase salaries for the strikers.

He claimed the only way salaries sought would be met by Treasury was through raising income tax to 60 per cent and suspending the multi-billion shilling projects the Government runs.

This echoed the arrogant dismissal of teachers’ demands by Education minister Mutula Kilonzo as, “the nonsense he would not entertain”.

This explains why teacher unions henceforth refused to negotiate with a Government in which he sits.

Thursday, Cabinet chaired by the President, and which the country hoped would break the impasse, came out with a raft of threats against strikers. It even declared it had the option of mass sackings, which could be the most expensive blow to the public education system.

Cabinet offered Sh13.5 billion to harmonise teachers’ salaries with those of other civil servants within 10 months, which the Kenya National Union of Teachers had rejected, and directed teachers to resume work.

 “Failure to do so, the Government will in their place employ?the 100,000 trained teachers, recall retired teachers below 65 years, and employment of Board of Governors and Parent-Teachers Associations employed teachers, among other measures,” said a Presidential Press Service dispatch to newsrooms. ?

TSC aggravated the confrontation by decreeing striking teachers would not be paid their September salaries, meaning nothing will go into their accounts next week.

Worse still, the Cabinet directed TSC to constitute a committee on the Terms and Conditions of Service with immediate effect and negotiate, among other issues, new salaries on the basis of harmonised pay.

It also directed TSC to negotiate allowances and other terms and conditions of service within the constitutional and legal frameworks of the Salaries and Remuneration Commission.

This effectively meant the Government has shut its doors on the deal teachers have been pushing for and therefore parents with children in public schools should braze for longer stay at home.

On the good side, Cabinet also directed TSC to phase out the P2 teachers, lift a ban on hardship allowances, and special school allowance.

While the drastic measures are probably meant to intimidate the striking workers back to class, the high-handedness with which it was given, further poison the environment for negotiations.

By outlawing a legal notice on which Knut had anchored most of its demands and daring those of the contrary opinion to go to court, the Government essentially squandered the goodwill for further talks with the teachers’ union.

Similarly, the strikes by teachers, lecturers, doctors, and the one by nurses that could shut down hospitals, exposed ministers who are insensitive to the mood.  The people now see the Government as either mean to workers or has limited experience in crisis management. 

Paralysis

That is why as schools remain closed, hospitals gripped by paralysis, and university students take to the streets because of frustration stemming from lack of learning, attention is on the President.

Mutula and Medical Services minister Anyang’ Nyong’o, whose dockets are in turmoil, have added fuel to the rage by their statements and threats.

Prof Nyong’o sacked the 293 registrars and interns and ordered them to vacate their houses at Kenyatta National Hospital. But all their union demand is they are paid for their services in the final year of training because at this stage they are as good as other doctors.

But before the storm settled on the outpatient insurance scheme for civil servants at National Hospital Insurance Fund, Nyong’o announced last week new rates payable to NHIF, further infuriating workers and unions.

Githae, who snubbed meetings convened to resolve the impasse, gave the impression the talks were a window-dressing and time-buying tactics when he declared there was no money to pay strikers.

By skipping meetings of Cabinet sub-committee, talks between Government officials and Knut officials, and Parliament’s Education committee meeting intended to resolve the stalemate, Githae cast the Government as insensitive.

It is such casualness that even House Speaker Kenneth Marende cautioned against in Parliament Thursday, when he reprimanded Githae.