EXCLUSIVE-It is not gloom and doom for teachers in new CBA

By Roy Hezron

It was not gloom and doom for teachers in the new 2021-2025 Collective Bargaining Agreement (CBA) even without a monetary value in the agreement.

According to the CBA which was signed on July 13, 2021 teachers could have a reason to smile that the contentious delocalization policy has been reconsidered and now married couples have a chance to be re-united with their families.

“In promotion of family values provided for under Article 45 of the Constitution of Kenya, the Commission shall consider transfer requests for married couples to appropriate stations/locations,” reads the CBA in part.

This means that the Commission will transfer couples to schools near each other if they are teachers, hence teachers will no longer suffer from long distance relationships.

However, this will be subject to availability of vacancies in the proposed station, the need for a suitable replacement, need for equitable distribution and optimal utilization of teachers, existing staffing norms, and proof of marriage as per the new 2021-2025 CBA.

Delocalization of teaching staff started in January 2018, with massive transfers being witnessed in April and August of the same year.

This saw deterioration of the relationship between the then Kenya National Union of Teachers (Knut) Secretary General Wilson Sossion and the Commission Chief Executive  Officer (CEO) Dr. Nancy Macharia over impending massive transfers of head teachers working in their home schools.

Most recently at the stakeholders forum and release of survey results on teacher preparedness on school reopening at Kenya Institute of Curriculum Development (KICD) on July 26, 2021, the Commission CEO stated that they have put on hold all annual transfers. 

“On our part as TSC, we have ensured teachers remain stable at their work places by putting on hold annual transfers. Only those transfers that are forced upon us by natural attrition will be effected,” noted Dr. Macharia.

Annual Increment

Despite the fact that there were no any increments on the basic salary in the new 2021-2025 CBA, teachers will continue to enjoy annual increments.

“Parties mutually agree that the employer shall continue to pay annual increments to members to compensate them from annual inflation,” reads the CBA document, which was registered in the Employment and Labour Relations Court (ELRC) on August 27, 2021.

The annual increment ranges between Sh 3,000 and Sh 10,000 annually depending on the teachers respective Grade and TSC-Scale; for instance Chief Principals who are at Grade D5 T- Scale 15, who head National and Extra County Schools with over 1000 students; effective July 1, 2020, they got a salary increment of up to Sh9, 496; to a current earnings of Sh. 131, 380 on the lowest and Sh.157, 656 per month on the highest.

Disability Guide Allowance up

It will be a big win to teachers living with disability after the Disability Guide Allowance was increased by Sh5000 in the new CBA to a flat rate of Sh20,000 across all Grades from B5-D5 and T-Scales 5-15; from the previous Sh 15,000. 

“Disability Guide Allowance shall be payable at the rate of Kenya Shillings Twenty Thousand (20, 000) per Month to members who are blind, deaf and those confined to wheelchairs by virtue of their disability,” reads the CBA.

Initially, the Salaries and Remuneration Commission (SRC) effective September 15, 2019 reviewed the Personal Guide Allowance for Public Officers living with disability to a flat rate of Sh. 20,000 per moth payable as part of the monthly remuneration to the beneficiary (Public Officers Living with Disability) ranging from Deaf, Blind and Physically Disabled-Wheel Chair Users.

Other key benefits

On promotion of teachers holding administrative positions and serving in Arid and Semi-arid Land (ASAL) areas, the Commission promised to fast track their promotions.

“The employer shall endeavor to promote members serving in ASAL and hard to staff areas holding administrative positions progressively until they attain grades that are commensurate to their respective positions. Meanwhile, they shall be retained in their current stations/areas until attainment of the substantive grades,” reads the CBA. 

Most recently, the request for transfers in these areas for non-locals has been very high notably in Garissa County due to some of the non-local teaching staff being attacked.

The ASAL and hard to staff areas are Baringo County covering sub-counties of Baringo North, Tiaty East, West and Marigat; Garissa County; Homa-Bay County which include Suba and Mbita sub-counties.

 Isiolo County; Kajiado County with Mashuuru, Loitoktok and Kajiado West sub-counties; Kwale County; Kilifi County with Magarini and Ganze sub-counties; Counties of Lamu, Mandera and  Marsabit.

 Kitui County with Mumoni, Mutito North and Tseikuru sub-counties; Narok County with Narok South and Norok North sub-counties, Counties of Samburu, Taita-Taveta, Tana River, Turkana, Wajir, and West Pokot.

According to the CBA, a member who is injured or dies while and in the course of employment will be compensated as per the provisions of the Work Injury Benefits Act.

Female teachers will now enjoy an enhanced maternity leave of 120 days up from the current 90 days with full salary while,  Male teachers will now proceed on a 21 days’ paternity leave up from the current 14 days with full salary paid once a year.

The Commission has at the same time offered a pre-adoptive leave for teachers of 45 days with full salary pay from the date of adoption.

Teachers will be promoted continuously basing on the Career Progression Guidelines (CPG) and continue to undertake the Professional Teacher Development (PTD) programmes after which they will be awarded with certificates by the commission as evidence of compliance.

 Kenyatta University, Riara University, Mount Kenya University and Kenya Education Management Institute (KEMI) were selected as institutions to offer the PTD training programmes.

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