Moi University has taken legal action against its staff following industrial disputes, directing them to immediately return to their duties after a court ruling. The university’s Vice-Chancellor Prof. Isaac Sanga Kosgey issued the notice in an internal memo on Sunday November 10, 2024. According to the memo, the Employment and Labour Relations Court (ELRC) in Nairobi issued an interim order restraining union members from calling or engaging in strikes or any form of industrial action.
“All staff have been notified of this court orders, have been directed to comply, resume work, and discharge their duties,” read the memo in part.
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The memo seen by City Digest News references an 8th November ruling on ELRC Case Numbers E947 of 2024 and E949 of 2024, involving Moi University and the Universities Academic Staff Union (UASU) alongside the Kenya University Staff Union (KUSU). The interim order issued by High Court judge MK Nzei prohibits the union-led staff from “calling, taking part in, instigating or inciting others to take part in an unprotected strike, strike, or any other form of industrial action.”
In the memo, Prof. Kosgey also instructed all Deans to ensure that “teaching and learning in their respective schools commence on Monday, 11th November 2024, at 8:00 a.m. as per the issued timetables.” He also reminded them to report any non-compliance and to take charge of the school’s activities.
A related communication from the institution’s Deputy Vice-Chancellor for Administration, Planning & Strategy, Prof. Simeon Mining, reiterated the university’s stand. The memo issued on November 7 2024 informed all staff that the university Senate had approved the resumption of the academic calendar, ordering staff to be on duty by 8:00 a.m. the following day, November 8.
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This was ahead of the visit by National Assembly Committee on Education and Higher Learning PS Beatrice Inyangala to the institution. The committee members addressed the irrate staff, recommending an overhaul of the Moi University council. PS Inyangala pledged to work together to ensure that students are not only back in class but the lecturers are there, the students are learning and are succeeding.
The University staff say they are owed salary and statutory deduction arrears worth over 10 billion shillings. They rejected a proposal by the university to settle their dues in three phases, vowing not to resume duty. The staff maintain that they will continue with the job boycott, as no deal has been struck between them and the varsity.
Mr. Richard Okero, the staff spokesperson addressed the media on Friday, November 8, saying they will not return to work until an agreement is struck.
“When you have an industrial dispute, before returning to work, you must sign a return-to-work formula. I want to confirm that there is no such agreement between Moi University and its workers. For that reason, the strike is still on and we will not be at work.” He said.
The university’s senate had last week passed a resolution to re-open the learning institution following its long closure. Most students have travelled to school with timetables already issued and all set to go. However, whether or not lecturers and other non-teaching staff will heed the call to suspend the strike is yet to be known.
