BY NT CORRESPONDENT.
Lectures have defended their ongoing strike saying it is legal and the strike complied with all the provisions of the constitution.
The lectures have accused Vice Chancellor’s union for not been serious and negotiating in good faith adding that despite having their proposal of the CBA the vice-chancellors have delayed and not provided their counterproposal.
“Failure by the claimant to submit their counter proposal stalled the negotiations since there was nothing to juxtapose with and compare with the respondent’s proposal,” argue the lectures.
In their responses filed in court, the lectures argue that the petitioners –Vice Chancellors Union have never had any counter-proposal to form the basis of concluding the collective bargaining Agreement negotiations.
They further say that when the period within which parties had agreed to conclude the CBA discussion lapsed, they notified the Vice Chancellors union on their frustrations on lack of good will on their part especially their reluctance to engage them in their counter proposal on the CBA.
They also claim that they had no option but to issue a seven days strike notice to the Union and to the Ministry of Labor as is requires by law.
“In the instance case, in the absence of a counterproposal by the claimant there was nothing for a conciliator to resolve hence the need for a seven days strike Notice, “argued lawyer Titus Koceyo
Lawyer Koceyo for the lectures to dismiss the case saying that it is frivolous, superfluous, superfluous and have no merit at all adding that it is filed in bad faith.
The lectures have also asked the court to urge the vice chancellors Union to file their counterproposal.
Public universities’ Union moved to court to overturn the ongoing lecturers strike accusing the dons of reneging on pay talks.
The Vice-Chancellors’ Committee says it was unlawful for the University Academic Staff Union (Uasu) and Kenya Universities Academic Staff Union (Kusu) to call the strike yet talks are ongoing over salary review running from July 2017 to 2021.
Public university lecturers resumed a nationwide strike last Thursday over low pay, nearly three months after ending a similar protest. The dons have cited lack of goodwill from the Inter-Public Universities Council Consultative Forum (IPCCF) on the issue.
“It is imperative and of urgency that this court issues an injunction against the industrial action called for by UASU as it is unlawful and will disrupt the forum’s operations unjustifiably as well as set a bad precedent for industrial relations,” IPCCF said.
The petitioner argued that Students are in the middle of their school sessions and the unprotected strike will cause disruptions, frustrations, hamper reasonable attendance to class as well as examinations and interfere with the whole academic calendar of universities.
Court will deliver the ruling on the 16th of this month.