The University of Nairobi has ordered staff and students to resume learning after a court order.
Deputy Vice-Chancellor Academic Affairs Ayub Gitau in a circular dated November 7 maintained the strike had been declared as unprotected by the Employment and Labour court.
“Staff and students are requested to ensure that teaching and learning continues without interruption. All staff are urged not to participate in an unprotected strike,” Gitau said.
This is after the Employment and Labour Relations Court in Nairobi on October 29 ruled that the strike called by the University Academic Staff Union (UASU) nd which was to commence on October 29, was not protected.
As a result of the ruling, the University said all academic staff and students are now urged to resume normal academic activities without delay or further disruptions.
The court’s ruling was issued in response to the ongoing strike, which had been organised by UASU to protest various grievances.
The court determined that the strike did not meet the legal requirements for protection under Kenyan labor laws, meaning the action taken by UASU is not shielded from legal consequences.
Specifically, academic staff are instructed not to participate in the strike, as it is deemed illegal and unprotected by the Court.
Students have been advised to attend their classes without fail, ensuring that academic schedules are not disrupted.
“Students should attend classes without fail,” the University said.
The university has made it clear that any staff member or student who disobeys the Court’s order and engages in the strike will be held personally accountable, likely facing disciplinary action or other legal repercussions.
“Any staff or student who violates the Court Order will be held personally accountable.”
The Deans Committee was tasked with monitoring the situation and providing guidance from time to time.
In the ruling, the court restrained UASU and its officials from encouraging or inciting union members to participate in this unprotected strike, or in any future strikes related to issues currently under negotiation.
Additionally, the court referred to the Return-to-Work formula, which was signed on September 26, 2024 between UASU and the university administration, noting the matters under dispute should be addressed through ongoing negotiations.
All the parties herein are directed to go back to the negotiation table, in good faith and to fast track the negotiations as set out in the Return to Work Formula,” the ruling said.
Moreover, UASU was given 14 days to file and serve a response to the Notice of Motion dated October 24, 2024.
The issue will be coming up in court for mention on November 28, 2024.
