Court declares UASU strike unprotected, defers mention to November 28 » Capital News

NAIROBI, Kenya, Oct 30 — The Employment and Labour Court has declared the lecturers’ strike that began on Tuesday illegal, directing the government and lecturers to expedite negotiations pending a full hearing.

Lady Justice Agnes Nzei ordered the Universities Academic Staff Union (UASU) not to incite or call upon union members to participate in the unprotected strike in orders issued on Tuesday.

“The strike called by the Respondent (UASU) on 29th October 2024 is hereby declared unprotected, and the Respondent and/or its officials are hereby restrained from calling on its members or inciting them to participate in the unprotected strike set to commence on 29th October 2024 or on any other dates, regarding matters which are the subject of negotiations,” she ordered.

Justice Nzei ordered all parties to return to the negotiation table in good faith and to fast-track negotiations as outlined in the Return-to-Work formula.

November 28 mention

The respondents have 14 days to file and serve a response to the notice of motion dated October 24, 2024.

The court vacated a November 5 mention initially granted and scheduled the mention for November 28.

The ruling followed the University Academic Staff Union’s (UASU) declaration on Tuesday that their strike would continue until the government heeds their demands, as stipulated in the 2022-2025 Collective Bargaining Agreement (CBA).

UASU Secretary-General Constantine Wasonga called on the government to honor the negotiated Return-to-Work formula, which includes numerous provisions aimed at improving lecturers’ welfare.

The declration marked the commencement of the second lecturers’ strike in two months, following the suspension of the previous strike on September 26.

Wasonga stated that the strike resumed after unsuccessful attempts to reach an agreement with the government.

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