The crisis at the financially troubled Egerton University has deepened, with the management board suspending all leaders of the academic staff union for participating in an “illegal strike”.
The Njoro, Nakuru, campus was closed down on November 26 last year when more than 600 lecturers downed their tools, demanding that a controversial 2017-2021 Collective Bargaining Agreement that the university has failed to honour be fully implemented.
A letter from acting Registrar for Human Capital and Administration Stellah Kereto said: “Consequently, you have been absent from duty without authority in contravention of Section 44 subsection (30 and subsection (40 of the Employment Act of 2007 Laws of Kenya.”
“These are accusations of (a) serious nature and put you as an officer and the entire institution to disrepute. The University Management Board has therefore decided to suspend you with immediate effect under clause 6(b) (ii) of the University Academic Staff Union (Uasu) CBA.
Vacate office
“By this letter, you are instructed to hand over your responsibilities and any university property under your care to the chairman of your department and vacate your office immediately.”
The officials were given seven days to respond and explain why disciplinary action should not be taken against them for what the university management called “absence from duty without lawful authority”.
But in a quicker rejoinder on Tuesday, Uasu chapter officials, led by chairperson Prof Mwaniki Ngari and secretary Grace Kibue, said their strike was legal and within the labour law and vowed to continue the industrial action.
Speaking in Nakuru City, Dr Kibue said the union had engaged the management to end the strike in vain and accused the management of “dishonest negotiations that have only led to intimidation and efforts to subdue dons to return to work without addressing their grievances”.
She said the union leaders were suspended on Monday with little regard to due process as provided in the law.
Violating labour laws
She also said the university management was violating labour laws and wanted lecturers to work more hours without any compensation.
“The university additionally wants the dons to bear enhanced workload without a commensurate increase in their salaries and on top of that they have withheld our salaries,” Dr Kibue said.
The university, she added had “failed to implement the Collective Bargaining Agreement of 2017-2021, which has been effectively implemented by more than 25 public universities as ordered by a court ruling dated January 15, 2021”.
The union officials also said third-party and statutory deductions had not been remitted by the management since 2017 and the arrears run into billions of shillings.
“Dons at Egerton University are seriously distressed because banks and other financial institutions have started attaching their properties because (they have failed) to repay their loans,” she said.
The officials reiterated that they were agitating for their denied labour rights adding that “the strike is lawful and protected by the labour laws and our members shall not resume work until their grievances are addressed and a return to work formula signed”.
Honour promises
The union challenged the university management to honour all its promises and pay the lecturers.
“Dons are asking, ‘Where can you procure services with promissory notes and all with statements of intention?’. If they do soul-searching and answer that question, the dons are willing to go back to class,” Dr Kibue said.
Prof Mwaniki said the union had held over 25 meetings with the university management and a reconciliatory team had been formed but the strike persists.
“To our uttermost shock, instead of receiving invitation letters to continue with negotiations (management) issued all union officials with suspension letters when the same management has been engaging the union,” said Prof Ngari.
The union officials said the dons regret the pain and suffering the strike has caused among students, their parents and the public.
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