CLAUSES IN JUDGE JUSTICE ABUODHA RULING THAT WILL PRO-LONG TEACHERS STRIKE

BY REAGAN NYADIMO

Labour relations court Judge Justice Abuodha’s ruling may have given reprieve and renewed hope  to thousands of school going children but the tussle between the Kenyan teachers’ and the government is far from over. The 25/09/2015 Friday morning ruling contains some statements and judgments that only worsen the near politicized teachers strike.  Worse off, some of these statements have been the reasons the government and the TSC have been banking on to intimidate teachers. The hard-line taken by the teachers union barely 2 hours after the court ruling justifies the porous ruling that failed to peg blame on the two parties.  It will therefore not be surprising if the teachers unions use the following clauses in the judgment to prolong their strike.

1.       Teachers strike is within the law.

This has been the sole reason the government and TSC went to court following an earlier ruling that termed the teachers strike “unprotected”.  It was based on this ruling that teachers employer hauled threats to striking teachers.  The aftermath that saw teachers issued with show-course letters and their September salaries held. The president in his 20^th September 2015 address to the Nation rode on the same judgment to urge teachers to resume their duties.

Now that the ruling has been made clear, it remains unclear who will blink first in the ongoing payment row. 

2.       Government in contempt of Court Order.

‘Won’t pay and can’t pay’ proclamation in which Justice Abuodha sited as unreasonable and a sign of defiance to court orders on the side of the government  is another bombshell awaiting the government.  This ruling comes at a time when teachers union had threatened to file a case to have their employer arrested for failing to honor a court order. 

3.       Government Failure to give audience to teachers

The 25/09/2015 Justice Abuodha ruling blamed the recurrent teachers strike to the previous Kenyan governments including the current regime. The ruling noted that the Kenyan governments have failed to give an ear to the teachers’ woes.

With the current happenings and the near politicization of the teachers’ strike that is slowly closing avenues for sober negotiations; it is evident that having lasting solutions for the recurrent teachers strike will remain a pipe-dream.

The unwillingness to have the government honor their side of bargain or engage directly with union leaders to have this embarrassing strike closed is an answer to the reason why the teachers strike may take a while. 

Way forward

Government is already in court contempt and teachers should not follow suite. It will therefore be prudent if teachers obey court order and resume their duties to allow our children to sit for their examinations as their union leaders sit for further negotiations with the government.

Failure to reach an agreement should lead to an automatic strike since teachers will have more powers over the government. 

Reagan Nyadimo

An assistant Business analyst

Jamii Bora Bank.

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Why the President Summoned Top Management at Standard Newspaper

Standard Media Group and the publishers of the standard Newspaper were late this week summoned to appear in statehouse over undisclosed agenda. The abrupt meeting that shocked top management of the media house was prompted by the standard Newspaper’s exclusive coverage of the one week luxury vocation that the president led himself. The vocation that led to a wastage of Ksh. 100 million of tax payers money  has come at a time when the country is grappling with high wage bill that has threatened a pay cut of civil servants by 20 percent and looming retrenchment drive that will render thousands of Kenyans jobless if the government make good of its threats.

In what appears as an agreement between the top management group and the president, standard Newspaper yesterday downplayed the claims and apologized to the government over remarks that have raised more questions over who is telling the truth at the same time damaging the reputation of the government.

It appears that was not the only thing that offended the president. KTN is also to run an exclusive investigative feature that will expose the fraudulent win of the 2013 general elections that was upheld by high court. A decision that didn’t go well with CORD leaders in as much they were forced to accept the result and move on.  Mark Kaplang, a journalist at Standard grouped criticized   the president and his inner circle of advisers for spending such a huge chunk of money at a time when our fellow citizens are going without food.
The standard Newspaper captures the devastating details accusing the president, his deputy, cabinet members, principal secretaries and top aides, and retinue of advisors, security and other support staff such as drivers and even clerical for spending four nights instead of the agreed two nights that threw the bill out of the window. Fairmont Mt Kenya Safari club is ranked amongst the most expensive hotel with world class facilities. According to Hospitality analysis, the hotel is rated as one of the most expensive in Africa where a single night is charged ksh.51050. Amount that the president and his deputy spent on their four days stay at the facility while the rest spent close to 45,000 amongst other charges. This is the same amount that was used by security and aides believed to have taken adjacent rooms for security concerns. What infuriated the writer was a fact that the government had quoted 8.4 million as the total amount spent at the luxury hotel.
In the informative peace, other cabinet secretaries and principal secretaries spent the nights in Garden suite, Mawingu suite, Raymond Hook suite, Deluxe view Room, River Deluxe and Deluxe Room that cost sh. 33,688 and sh. 25,050

From logical mathematics, the costs may have run close to sh. 65 million.

If this figure stands as the actual amount used by our leaders, then we have a government that is only concern about their issues and give no priority to issues that need immediate attention such as security, hunger and unemployment. There is no point of civil servants taking a pay cut while there exists many taps that continue drain the savings of this country.  

By Reagan Nyadimo

 

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INSANITY

We are leaving in a country that is rocked with high cost of living. Thousand of Kenyans are doing unimaginable activities just to put food on the table and lead a decent life. Effects of the recent tax on basic food  are being felt across the country as the gap between the rich and the poor continue to widen. Typical Kenyans who live on hands to mouth are the worst affected barely a year since we elected new leaders into office. Despite this, we are soldiering on trying to find best alternatives to make ends meet.

Devolution through counties was created purposely created to bring resources closer to the people and decentralise power. However, it was not to be be a rosy affair. Even if Kenyans were do dig deeper into their pocket, it was a gradual process after the instruments of devolution had exploited all the avenues. Experts fronted the idea of engagement with the private sectors since they are keen on service delivery. Eight Months down the line, we are yet to see our governors promote entrepreneurship, instead they are busy endorsing bills/budgets oblivious on how they will be sustained. Priorities should be given to sectors that will yield the greatest benefits to residents and not car grants and offices that are only meant to benefit leaders rather than uplift lives of the very people whom they claim to represent.

The proposal to collect taxes on carcasses of dead livestock and pets, burial grounds and maintenance of cemetery is insane. It is turning a blind eye to the very people who lifted you to your current position. Mr.Kabogo should be informed of the indirect effects of drumming support of such selfish proposal. Kenyans are in still tagged with the notion of "harambee" spirit. Be it in burial, offsetting hospital bills to weddings.  We are glaring at situation where thousands of bodies will be left unclaimed in our already congested mortuaries and we should embrace for dump-site for dead pets as people will opt to dump their carcasses besides roads and forests to avoid parting with hefty cash. 

Devolution is not an instant thing. We didn’t expect instant benefits after the March general election. Governor William Kabogo should identify untapped resources, exploit those areas to open up resources to improve the well-being of residents before burdening and forcefully taking Kenyans hard earned peanuts. 

Reagan Nyadimo

Kenyatta University
Published on Tuesday October 29, 2013. Daily Nation pg 14

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