Public universities have been told to enforce internal disciplinary measures on staff who continue to strike, with the Ministry of Education declaring the industrial action unlawful and in violation of court directives.
During a Tuesday event launching a data returns portal at the University Funds offices, Higher Education Principal Secretary Beatrice Inyangala urged all staff to return to teaching, noting they are fully aware of the court’s position.
“Every university is autonomous and managed through a council, so as a Ministry, we expect every university to implement its internal policies regarding absconding duty,” she said, stressing that continued absenteeism cannot be tolerated.
The statement has added tension to ongoing discussions between the Inter-Public Universities Council Consultative Forum and striking unions, which include the University Academic Staff Union (UASU), Kenya University Staff Union (KUSU), and the Kenya Union of Domestic, Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEIHA).
The unions insist on Sh7.9 billion in unpaid dues under the 2017–2021 Collective Bargaining Agreement (CBA) and are demanding the start of talks for the 2025–2029 CBA.
Ministry cites lower unpaid dues
The Ministry, relying on information from the Salaries and Remuneration Commission (SRC), argues that only Sh624 million remains outstanding from the 2017–2021 CBA.
The dispute has caused widespread disruption to learning and escalated to the courts, with a hearing scheduled for October 15 to determine government obligations toward academic and non-teaching staff.
Public university Vice Chancellors have already begun disciplining staff who fail to resume duty. Prof. Daniel Mugendi, Chairperson of the Vice Chancellors Committee of Public Universities and Vice Chancellor of the University of Embu, warned that striking staff are aware of the legal consequences of their actions.
“Last week, the court said lecturers need to go back to class and teach,” he said, while noting that negotiations should proceed alongside the resumption of teaching.
At the Technical University of Kenya, Vice Chancellor Benedict Mutua confirmed that disciplinary steps have been implemented.
“We have taken stern disciplinary action against those not teaching since the strike is illegal. Those who do not get to class will be punished as per the law,” he said.
Unions maintain position
Despite these warnings, the unions have remained resolute on the Sh7.9 billion claim and have rejected proposals under the 2025–2029 CBA without fresh talks.
“This is exactly what negotiations are about: offers are made and discussed. Nothing is off the table, but learning must continue,” Inyangala said.
Union leaders caution that the impasse could delay students’ return to classrooms until next year.
A technical report from the Joint Negotiations Committee revealed that the SRC’s figures may underestimate the total liability. The audit indicated that Sh16.57 billion is required, of which the government has released Sh8 billion, leaving Sh7.77 billion unpaid.
KUSU Secretary-General Charles Mukhwaya criticized the government for failing to engage directly with union leaders.
“We need to sit with all the stakeholders involved in this matter. SRC and the vice chancellors will only tell the government what they would like them to hear. But for us, we have not been called by the CS or the PS,” he said.
Strike enters fourth week
The strike, now in its fourth week, has forced students home and triggered campus protests. Mukhwaya dismissed claims by Education Cabinet Secretary Julius Ogamba that talks were progressing.
“Nothing is going to come out. We are where we started. The strike has just begun,” he said.
Ogamba noted that recent meetings in Machakos sought to clarify outstanding payments under the 2017–2021 CBA.
“We are hoping that they will make a report today to determine how much money is outstanding, and then we will give the way forward. The university lecturers were demanding Sh7.9 billion, but the SRC has said that it has paid Sh7.2 billion, meaning that the balance is a balance of Sh624 million,” he said.
Thousands of students remain affected, with disrupted academic calendars, exhausted maintenance funds, and graduation schedules at risk. On Tuesday, University of Nairobi students staged protests, calling on both the government and unions to resolve the standoff promptly.