The standoff between Moi University management board and striking workers, has taken a legal twist after the former obtained a High Court order restraining union members from participating in the ongoing strike.
High Court Judge MK Nzei issued the orders in Nairobi last Friday as the National Assembly Committee on Education recommended the disbandment of the management board of the cash-strapped institution and its replacement with a caretaker team.
“An order is hereby issued restraining the respondents, University Academic Staff Union (Uasu) and the Kenya University Staff Union (Kusu), their officials, agents, and /or members from calling, taking part in, instigating, or inciting others to take part in an unprotected strike or any form of industrial action pending the hearing and determination of the application,” Justice Nzei ordered.
She ordered Uasu and Kusu to file their responses within seven days ahead of the mention of the suit on November 18, 2024.
Members of Uasu and Kusu have boycotted work for months, demanding Sh10 billion in salary arrears.
Following the court order, the management board has directed the reopening of the university today and asked the staff to resume duty or face disciplinary action.
“All staff are directed to be on duty and to discharge their duties as expected. Failure to comply with this directive shall result in consideration of appropriate disciplinary measures,” said a memo by Prof Kirimi Kiriamiti, Deputy Vice-Chancellor, Administration, Planning, and Strategy at Moi University.
Vice-Chancellor Isaac Kosgey has further issued a notice on resumption of the 2024/2025 academic calendar, after the institution was closed last month following repeated protests by the striking staff.
“During its special meeting held onNovember 7, the Senate approved the resumption of the 2024/2025 academic calendar with immediate effect. Students are to report back for their studies and classes are to resume on Monday (today),” said the VC in a memo to all students.
But the unions have taken issue with the management board for acting in “bad faith.”
“It is unfortunate that the management has resorted to intimidation and threats in resolving such a contentious issue. Such an act will not scare our members from championing their rights,” said Nyabuta Ojuki, secretary, Moi University Uasu chapter.
“The Senate decided to close the university, and it is their right to order for its reopening, but our members are not ready to resume offering services until their issues are resolved,” said Mr Ojuki adding that the collapse of the return-to-work formula coincides with the ongoing national strike by Uasu members on pay dispute.
Education Cabinet Secretary Julius Ogamba has in the past confirmed that the university was grappling with significant financial issues, including certified outstanding debts of Sh8 billion.
Among the touchy issues by the unions include payment of salary and other deductions amounting to over Sh10 billion, the implementation of the 2017-21 collective bargaining agreement, and favourable working terms.
