KUPPET requests members to read the document and give their inputs.
BACKGROUND
Introduction
Kenya Union of Post Primary Education Teachers signed a Collective Bargaining Agreement on 26th October 2016 which was later registered in the Employment and Labour Relations Court on 30th November 2016. The CBA was an agreement to regularize the industrial relations between the employer and KUPPET as well as for the interest of mutual understanding and co-operation. The CBA reaffirmed their commitment to maintaining a collaborative relationship aimed at realizing quality teaching service.
Analysis of the Cost of Living in Kenya
According to surveys released by Kenya National Bureau of Statistics, Consumer Price Indices (CPI) has continued to increase over the last 2 years. Consumer Price Index is a measure that examines the weighted average of prices of a basket of consumer goods and services such as transportation, food and medical care. It is calculated by taking price changes of each item in the predetermined basket of goods and averaging them. It reports inflation and deflation tendencies in the economy.
In July 2016, the CPI was 170.84 and inflation rate was 6.39. The CPI has increased to 191.59 and inflation rate is 4.35 in 2018. This is an economic indicator that prices of goods and services have increased over time affecting the remuneration and allowances for workers. The GDP has also increased on average 1.33 per cent since 2015 indicating an increase of 1.9 per cent in the first quarter of 2018.
For example, the average price of fuel in 2016 was sh98 per litre compared to the current sh112. This affects the commuter allowance as fares have risen from sh50 to sh 100 in most parts of the country.
The table below shows the average price changes for household consumption goods and services over the last 2 years.
Product
Unit of measure
July 17
December 17
July 18
% change
Tomatoes
1kg
86.45
94.52
122.04
41
Kerosene
1L
63.55
71.42
85.05
22.8
Petrol
1L
98.00
105.04
109.67
11.9
Charcoal
4kg
81.61
138.13
69.25
Maize flour
2kg
106.77
110.10
116.29
8.91
Sukumawiki
1kg
42.17
43.67
57.87
37.23
Electricity
50kwh
576.07
649.73
695.97
20.81
Source: KNBS CPI July 2017, December 2017 and July 2018
The cost of living has increased rapidly over the last two years affecting the purchasing power of household goods and services. The transport cost has increased beyond the commuter allowance negotiated due to increase of fuel and general overall transport cost.
The Union demands that the following issues may be considered for negotiations to cushion teachers in their delivery of services.
PROPOSALS OF NEW ALLOWANCES
1.COMMUTER ALLOWANCE
The Union demands that commuter allowance be increased by 150% of the current rate. Commuter allowance shall be paid as per Appendix.
LEAVE ALLOWANCE
The Union demands that leave allowance be paid based on one’s basic pay i.e. an equivalent of one month’s basic pay for all cadres.
3.HOUSE ALLOWANCE
The Union demands that House allowance be harmonized across all regions.i.e Teachers in Grade C2 should enjoy the same house allowance whether in Nairobi or Marsabit and this should be in all grades.
TOWNSHIP HARDSHIP ALLOWANCE
While teachers enjoy equal house allowance across all regions, the Union proposes the introduction of township allowance. Teachers in urban areas experience challenges of high cost of living and expensive urban transport and this makes no difference with a teacher in a hardship area. We propose a town allowance of 30% of basic salary be paid to teachers in major cities or county headquarters.
HARDSHIP ALLOWANCE
Hardship allowance shall be payable to teachers assigned duties in Arid and Semi-Arid Lands (ASAL) areas. However, the areas declared as hardship needs to be reviewed because there are other emerging issues like terrorism, cattle rustling etc.
RISK ALLOWANCE
Risk allowance shall be payable to all Science teachers due to exposure to chemicals and other substances. The Union demands that Risk allowance be paid at a rate of 20% of the basic salary as per appendix.
ACCOMODATION ALLOWANCE
Teachers are assigned duties outside the work station. In the civil service, there are guidelines stipulating the allowance for every cadre. The Union has proposed development of clear guidelines on the payment of accommodation allowance (per diem) as well as the amount as shown in the appendix.
POST GRADUATE SCHEME OF SERVICE
The teaching service has no scheme of service for teachers who have attained a Masters and Doctorate degrees. Instead, the employer awards three increments to the holders of such qualifications. The proposed scheme seeks to allow TSC recruit teachers possessing post-graduate qualifications at entry level. The Union demands that Post graduate scheme of service be developed and be eligible to all teachers holding a Master’s and Doctorate degree. The said teachers shall be paid an allowance equivalent to 40% of the basic salary.
8.CAREER PROGRESSION
Parties agreed that career progression in the teaching service shall be as provided under Part VI of the Code of Regulations for Teachers. However, KUPPET demands that the Commission in performance of its obligation under this agreement ensures that every teacher under its employment is facilitated to undergo professional development.
9.OVERTIME ALLOWANCE
KUPPET demands that working hours for all teachers be 8 hours per day i.e. 8.00 am. to 5.00 p.m. with one hour lunch break for five days i.e. 40 hours per week – Monday to Friday. Further, the Union proposes that any extra hours worked be compensated as an overtime as teachers in boarding sections are overworked and no monetary compensation are done. The overtime allowance schedule is attached as per Appendix.
COMPREHENSIVE MEDICAL COVER
We propose that medical allowance be increased by 100% to enable the employer improve health benefits with insurance underwriters.
TEACHERS’ SALARY INCREMENT
The 2016 basic salary increment be varied to align the increment with challenges of inflation.
OTHER ISSUES
The marking scheme for employment of Diploma teachers is discriminating and unfair to diploma teachers. We propose it be reviewed so that they are given same marks as graduates.
Special schools allowance terminated without consultation should be reinstated.
Annual increment for teachers seems not clear. Not all teachers have been given the same.
There should exist common cadre grades to show job group progression as before the CBA 26th October, 2016.
ACCOMODATION ALLOWANCE (PER DIEM)
Nairobi, Mombasa, Kisumu Kilifi, Naivasha, Lamu and Kwale
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History of the Kenya National Union of Teachers- KNUT
The teachers of this country were subjected to different terms and conditions of service by the many employers they belonged to. The employers who included missionaries and local councils never allowed them to meet and exchange views. This kept them totally ignorant as regards to their rights and therefore were seriously exploited by their masters. Despite the fact that they were kept in the dark, they slowly learned the need to form organizations still based on religious sect organized to the highest at provincial level.
However by 1934 Messrs. James Gichuru and Eluid Mathu formed a teacher’s organization known as Kenya African Teachers Union (KATU). This Union eventually fizzled away under the pressure of powers of the time. This was because it was very difficult to organize an effective national organization of workers at that time because of communication problems.
It was not until the early fifties, when Makerere and Kagumo Colleges produced a higher caliber of teachers, which teachers’ organizations began coming up because these teachers communicated after training and hence learnt of the diversity of their terms and conditions of service.
They began by forming sectional or regional Teachers Organizations based on denominations or Provinces. E.g.:
(i) Nyanza African Teachers Union (NATU);
(ii) Catholic African Teachers Association (CATA) both in Nyanza Province;
(iii) Rift Valley African Teachers Association (RATA);
(iv) Coast African Teachers Union (CATU);
(v) Central Province African Teachers Union called Kikuyu Teachers Union (KTU)
Still, there was no way teachers could correspond with their counterparts in other Provinces.
In 1955, one of the teacher’s leaders from Rift Valley Hon. Daniel T. Moi now the retired President of the Republic of Kenya was elected to the Legislative Council (Leg.co.) now called National Assembly. He later successfully moved a freelance motion in the house in 1957 that the Government should help the teachers of this country to form one national body. The Government accepted the motion.
This made the Minister for Education Mr. W.F. Coutts invite all leaders to a meeting in December 1957 at Pumwani D.E.B. School. At this meeting, one teacherâs organization called Kenya National Union of Teachers (KNUT) was born. An Interim Central Executive Committee was set up with Mr. Ignatius Mkok as interim President and Mr. Stephen J. Kioni as interim Secretary General.
On 10th December 1958, the Central Executive Committee (C.E.C) convened the first Annual Conference at the Pumwani D.E.B. School. At this Conference, the KNUT Conference was ratified. The 1st National elections were held and Mr. Samwel Ayany was elected the 1st President and Mr. Stephen J. Kioni the 1st Secretary General.
On 14th May 1959 KNUT was officially registered as A Trade Union.
The Growth and Further Development of the KNUT:
Even after the registration of KNUT as a Trade Union, no serious work could be done because Mr. Stephen Kioni who had been elected as Secretary General was still a full-time teacher at Kilimambogo Teachers Training College.
It was not until 1960 when Joseph Kioni resigned from teaching to devote his energy full-time to KNUT.
He established the first KNUT Office in one of the garages in Ruiru Town without salary, since the Union had no funds to pay him. That same year 1960 Mr. Samwel Ayany attended a World Confederation of Organisations of the Teaching Profession (WCOTP) Assembly in ROME where he got KNUT affiliated to WCOTP although he had been invited to attend as a representative of the Nyanza African Teachers Union (NATU). He made an approach for assistance to KNUT from WCOTP. The WCOTP accepted and undertook to pay Mr. S.J. Kioni part of his salary. This was so until 1964 when the Union began realizing some money from members through a check-off system.
Policy Demands:
Soon after setting up offices, the Central Executive Committee, which later became the National Executive Council, met and issued the first policy demands, which included:-
(a) A single Employer for all teachers.
(b) Unified Terms and Conditions of Service.
(c) Free Pension for all teachers.
(d) Provision for negotiating machinery.
(e) Pay rise for all teachers in all grades.
(f) Responsibility allowance for all posts of responsibility.
(g) Abolition of the Colonial Code of Discipline.
The government responded by appointing the Lawrence Sagini Commission to look into the demands of KNUT.
After prolonged negotiations, KNUT rejected the recommendations of this Commission. The government then appointed another body called the Teachers Salaries Commission. Whose recommendations were not very different from the Lawrence Commission. Here, the KNUT resolved to stage token strikes.
In 1961, went for Labour studies in the USA and James K. Njoroge acted as Secretary General. The same Njoroge became Permanent Secretary, Ministry of Education.
The Token Strikes:
These strikes were staged selectively in a number of branches to test the Unions capability in organizing a strike. There were two token strikes staged as follows:-
(a) 19th - 20th March 1962 covered the following branches - Nairobi, Nyeri, Mombasa, Kilifi, Baringo, South Nyanza and North Nyanza.
(b) 26th - 27th March 1962 – Machakos, Kiambu, Murang’a, Taita, Nakuru, kisii and Central Nyanza.
Both strikes were successful and encouraging, but the colonial government did not yield to the demands.
NATION WIDE STRIKES:
The Four Strikes between 1962 and 1969:
a) The first strike: 18th September - 11th October, 1962
This was a nationwide strike with the results that:
(i) The government appointed a joint consultative and negotiative committee under the chairmanship of Mr. W. Rogers of Nairobi University, and the Union effectively put the case to the satisfaction of Mr. Rogers who resigned as a result of the governmentâs refusal to implement the findings of this committee.
(ii) From 1st January, 1963 - the government accepted to introduce Check-Off-System for collection of union dues. It was effected in 1964.
(iii) 1965 - the establishment of a Teachers Service Commission under the chairmanship of Hon. Joseph Gatuguta and Mr. Solomon Adagala as Secretary. The commission was disbanded because of the pressure from KNUT - the KNUT did not accept the way it was constituted.
After the disbanding of the ill-constituted teachers commission the KNUT again threatened countrywide strike action and the Minister for Labour responded by appointing a Board of Inquiry. The Board was chaired by Mr. S.N. Waruhiu, a Nairobi advocate and Rev. Andrew Hake and a teacher Yusto Nyamolo Okal as its members.
The Board recommended a framework favorable to the teachers, but again the government refused to implement its findings. The KNUT was then ready for a second nationwide strike in 1965.
b) The next three strikes
i) The second national strike took place from 11th October, 1965. The strike was short-lived because it was promptly declared illegal by the government. As a result, union officials were arrested by the government. However, after the Minister for Labour referred the grievances to the industrial court, the government withdrew the cases against the KNUT officials. The key issue that remained unresolved was that of one employer for all teachers throughout. The KNUT had by now realized that by having one properly and legally constituted employer, all of her demands could be negotiated with the employer. As this issue remained unresolved, there arose a need for yet another national strike a year later.
ii) The third national strike took place from 1st to 3rd November, 1966. A brief but very historic act, that the government responded positively by accepting to establish the Teachers Service Commission. The TSC was established through a bill tabled in parliament by the then Minister for Education the Hon. Jeremiah Nyagah.
The TSC Act chapter 212 of the Laws of Kenya thus established the TSC as the sole employer for all teachers in public schools in Kenya. The bill having been passed in 1966 the TSC became operational from 1st July 1967.
Subsequent and very significant development included:
The establishment of Teachers Service Appeals Tribunal.
The signing of TSC/KNUT Recognition Agreement in May, 1968.
The appointment Act of 1968 that gave the government more direct control over education thereby loosening the missionary grip over schools.
Thus the KNUT had succeeded in establishing competent organs for negotiating all forms of demand for teachers.
Future differences were from then expected to be mainly on implementation and details and not very fundamental issues.
iii) The fourth strike was staged from 4th to 11th November, 1969. After the creation of the Teachers Service Remuneration Committee (TSRC) the KNUT and TSC used the Committee to negotiate several issues that teachers had been raising over the years. After protracted negotiations the TSRC presented its recommendations to the Minister as provided for under the TSC Act. However, the Minister was not willing to implement most of the recommendations made by the TSRC and that is what led to the 1969 national strike. As a result of the strike the Minister agreed to implement the recommendation of the TSRC.
These four major strikes established the KNUT as an effective voice of teachers and from then on the employer and government accepted the broad principle of negotiating at length all issues raised by teachers through the Union. An effective grievances procedure has since been well established, and several issues negotiated and settled without recourse to strike action. Through such negotiations the KNUT has recorded numerous achievements for teachers as will be apparent in subsequent sections.
In 1965 a BOARD OF INQUIRY was formed to look into Terms and Conditions of Service for Teachers.
The government refused to implement the recommendations of the Board of Inquiry. This led the KNUT to threaten a strike demanding for one employer in 1966. The then President of KNUT the late JOB ROB betrayed the Union. This caused him expulsion from the Union by the Advisory Council on 29th October 1966.
The Advisory Council recalled Mr. David Mulindi who was then 1st Vice President to return from DENMARK to take over KNUT as President.
The strike eventually took place on 1st November 1966. The following day, all Union officials were arrested.
Mr. Mulindi arrived on 13/11/1966 and went to CID Headquarters offering to be arrested alongside his colleagues.
The government later released the Union officials and withdrew all charges against them.
As a result, Mr. J. Nyagah the then Minister for Education rushed a bill in Parliament of Teachers Service Commission.
On 1st July 1967 the Teachers Service Commission and KNUT signed Recognition Agreement.
In the year 1969 Mr. Kioni was jailed and Mr. E.J. Nyoka acted as Secretary General.
In 1970 December, Mr. Ambrose Adeya Adongo was elected the second KNUT Secretary General defeating Mr. Nyoka.
In August 1973 KNUT hosted a WCOTP Assembly at Kenyatta International Conference Centre (KICC) at which All African Teachers Organisation - AATO was born. Mr. Ambrose A. Adongo was elected its first President, a post he held until his death.
In 1982 – 1983, KNUT started leadership training.
On 2nd March 2001 Mr. Ambrose Adongo died.
On 20th June 2001 Mr. F. M. Ng’ang’a was elected the third KNUT Secretary General.
MAJOR CONSTITUTIONAL CHANGES IN KNUT:
In 1965 the KNUT Constitution was revised to allow KNUT to affiliate to COTU, to allow the KNUT to change the title of the President to National Chairman, and also to enable the Union to subject its Secretary General to election like it was in other Trade Unions.
In 1967 all Unions were prohibited from international affiliations but KNUT alone was allowed its affiliation with World Confederation of Organizations of the Teaching Profession (WCOTP) as a professional body by the government.
In 1982, there was a major amendment to include a women representative in the National Executive Council (NEC) and Branch Executive Committee (BEC).
In 1992 the post of School Representative was created.
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The Kenya Institute of Curriculum Development (KICD) has promised to review all educational materials (mostly textbooks) in the country after a photo of a Grade two English book whose content was criticized as misleading caused uproar. Kenyans, online, criticized the new Competency Based Curriculum, CBC, textbook for providing misleading information to pupils and the public.
“We regret information that has been circulating in the social media regarding the content of some text books and other educational materials,” the KICD Director, Dr. Julius Jwan, said n a press statement on Saturday.
“We appreciate the feedback so far received from Kenyans and will intensify measures to guarantee quality.” Adds Jwan, who says that review of the CBC instructional materials has been ongoing for the last one week.
According to the statement, the KICD boss also urged booksellers and publishers to release only books that have received approvals from the KICD.
“School text books are approved after a careful evaluation and review by KICD officers, lecturers, quality assurance officers, teachers in primary and secondary schools, and tutors from teacher training colleges,” Jwan said in the statement.
The full implementation of the new CBC system is faced with hiccups few months ahead of the roll out date, January 2019. Grade four textbooks are yet to be published, among other challenges facing the implementation.
Granted either paid or unpaid study leave in line with the existing policy. Leave application form is available on this this website; in the TSC & Education category, tab.
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The Federation of International Football Association has released the current standings in the football ranking of countries. Last month, Belgium joined France in becoming the FIFA/Coca-Cola World Ranking’s first-ever joint leaders. Now the Red Devils (Belgium) are in sole possession of top spot, albeit by the narrowest possible margin – 1733 Ranking points to Les Bleus’ (France) 1732.
The top two remain out in front after a month in which each of them enjoyed a win and a draw, with Belgium and France beating Switzerland (8th, unchanged) and Germany (14th, down two) respectively in the UEFA Nations League and emerging with honours even from matches against the Netherlands (15th, up 2) and Iceland (36th, unchanged).
The Dutch rose on the back of a fine 3-0 Nations League win over their struggling German rivals, and other sides also profited from their success in the same competition. England (5th, up 1), for example, swapped places with Uruguay (6th, down 1) after winning 3-2 away to Spain (9th, unchanged), while Norway (48th, up 4) moved into the top 50 after back-to-back victories and Russia (41st, up 5) maintained recent momentum by staying top of Group 2.
Gibraltar (190th, up 8), though, were undoubtedly October’s biggest Nations League success story, and their first-ever competitive wins against Armenia (101, down 1) and Lichtenstein (182, down 4) are reflected in a record Ranking position – and this month’s biggest rise.
The Gibraltarians are one of just six teams to have ascended more than five places, and the only team in Europe to have done so. The others all hail from Africa, where Egypt (58, up 6), Madagascar (100, up 6), Namibia (109, up 7), Zimbabwe (110, up 7) and Burundi (142, up 6) made significant gains on the back of strong results in CAF Africa Cup of Nations qualifiers.
The next FIFA/Coca-Cola World Ranking will be published on 29 November 2018. (Courtesy of FIFA)
Kenya National Union of Teachers, KNUT, recorded a slight decrease in membership according to records at our disposal. The giant teachers union lost close to 4,422 members between June and August 2018. This represents a 2.3% decrease.
According to the records, Rift Valley region leads with a total number of registered KNUT members at 50,341 followed by Eastern at 39,323. North Eastern has the lowest number of KNUT registered membership at 2,121.
The Union mostly represents teachers plying their trade at primary schools, across the country.
The total KNUT membership now at 188,765. There has been a long standing membership wrangle between KUPPET and KNUT on who should represent Secondary school teachers. KNUT has been drawing membership from both Secondary and Primary schools with KUPPET representing tutors in Secondary and Tertiary institutions.
Electricity Cost Tariffs & Schedule of Tariffs 2018:
This page shows the parameters summary document that contains the Fuel Costs Adjustment (FCC), Foreign Exchange Flactuation Adjustment (FERFA), Water Resource Management Authority Levy (WRMA), and IFLA elements and their contribution to the cost of electricity.
It also contains the approved Schedule of Tariffs 2018 which is approved by the Energy Regulatory Commission.
The Sierra Leone government has cancelled a Mega Airport construction deal that was to be funded by Chinese loans. While making the announcement, Sierra Leone’s Minister for Transport and Aviation said: “After serious considerations and diligence, it is the Government’s view that (it) is uneconomical to proceed with the construction of the new airport when the existing one is grossly under utilized.” The minister was speaking to local journalists, this week.
The project that was to be executed by a Chinese construction company is estimated to cost an excess of 300 Million US Dollars and was to be completed in 2022. The project was commissioned by the former head of state, Ernest Bai Koroma; in March this year, 2018. This cancellation comes after the Chinese got criticism overseas and locally, here in Kenya, for inflated loan costs. The Chinese are reportedly in a move to seize Zambia’s Power utility firm for defaulting on a loan facility advanced to the Zambia government. Read full details here:
A number of the Government Websites have been closed down, tonight, paralyzing online services delivery. Most websites accessed tonight returned ‘error 403- The Website app is stopped’. “The Web app you have attempted to reach is currently stopped and does not accept any requests. Please try to reload the page or visit it again soon,” read the error message on the screen.
Reports indicate that the websites have been closed down by Microsoft’s web hosting company, Azure; which maintains them. The closure has been informed by the government’s failure to pay hosting fees to Azure.
Some of the government’s website on shutdown tonight are those of: The Labour Ministry, Ministry of Energy, Lands Ministry, Mining & Petroleum and Immigration. A spot check on the Ministry of Education, though, showed that the Website is on and running. See Screen Shots, below:
The Kenya Revenue Authority has written E-mails to teachers who marked last year’s examinations requiring them to pay with holding taxes when they file their 2019 returns. The E-mail seen by our crew requires the teachers to remit 20% of their marking fees earnings to the tax collector in 2019. The Kenya National Examinations Council, KNEC, paid 5% tax that was deducted from total earnings by the contracted officers. Contact KRA at any Huduma Centre close to you for any queries, assistance and/ or clarifications.
The big question, then, begs..’what is withholding tax? How can withholding tax be paid’?
WHAT IS WITH HOLDING TAX, HOW CAN ONE PAY WITH HOLDING TAX?
This is a method whereby the payer of certain incomes is responsible for deducting tax at source from payments made and remitting the deducted tax to KRA.
The percentage deducted varies between incomes and is dependent on whether you are a resident or non- resident.
The relevant rates are as follows:
Description
Resident
Non – Resident
Artists and entertainers
–
–
Management fees
5%
20%
Professional fees
5%
20%
Training fess (inclusive of incidental costs)
5%
20%
Winnings from betting and gaming (w.e.f. 1 Jan 2014)
20%
20%
Royalties
5%
20%
Dividends (nil for resident shareholders with>12.5%)
5%
10%
Equipment (movable) Leasing
N/A
5%
Interest (Bank)
15%
15%
Interest (Housing Bond – HBI)
10%
15%
Interest on two – year government bearer bonds
15%
15%
Other bearer bonds interest
25%
25%
Rent – buildings (immovable)
12%
30%
Rent – others (except aircraft)
N/A
15%
Pensions/provident schemes (withdrawal)
10 – 30%
5%
Insurance Commissions
10%
20%
Consultancy and agency(from 1 July 2003)
5%
20%
Contractual and agency (from 1 July 2003)
3%
20%
Telecommunication services/Message transmission
–
5%
Natural Resource Income (w.e.f. 01/01/2015)
5%
20%
How do I pay Withholding Tax?
Any amount withheld, should be remitted to KRA on or before the 20th day of the following month.
Paying via the Itax Portal:
Payment of withholding tax is done online via iTax, generate a payment slip and present it at any of the appointed KRA banks to pay the tax due.