The Employment and Labour Relations Court has declared the ongoing lecturers’ strike illegal, directing both the government and university lecturers to expedite their negotiation efforts. In a ruling delivered on Tuesday, the court urged the two parties to settle the dispute that has disrupted learning across public universities.
The court’s decision was issued in response to a petition filed by government representatives seeking to challenge the legality of the strike, which has seen thousands of students idling at home as learning institutions remain closed. Justice Mathew Nderitu, who presided over the case, stressed the importance of prioritizing the welfare of students and directed both parties to resume talks immediately to prevent further disruption. The case is set for mention on November 28, where the court will assess the progress of the negotiations and determine whether further intervention is needed.
In his ruling, Justice Nderitu underscored the need for a swift and fair resolution, acknowledging the lecturers’ grievances but emphasizing that any protest action must be in line with legal procedures. The lecturers’ union had argued that their strike was lawful, citing longstanding issues of salary arrears, delayed promotions, and unmet collective bargaining agreements (CBAs). Union leaders voiced their disappointment with the ruling but noted they were willing to return to the negotiating table to secure better working conditions.
With public universities already facing significant financial constraints, the court’s ruling highlights the urgency for the government and educational stakeholders to address the lecturers’ demands meaningfully.
The ruling comes amid heightened public attention on the state of higher education in Kenya, as students, parents, and other stakeholders eagerly await a resolution that will allow the academic calendar to proceed smoothly.
