Court declares ongoing lectures’ strike unlawful

Written By: Asha Mwana Khamisi

The court also ordered the lectures to return to work with immediate effect.

The Employment and Labour Relations Court has declared the ongoing lecturers strike unlawful and unprotected.

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Justice Onesmus Makau Friday ordered lecturers to call off the strike and resume work on Monday at 8am.

He asked vice chancellors and universities not to victimize any of the lecturers who participated in the strike.

He also ordered vice chancellors and universities to present a counter-proposal for the 2017-2021 Collective Bargaining Agreement to the Labour Cabinet secretary within 30 days.

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While asking all parties involved in the dispute to act in good faith, the judge referred the conflict to the Labour Cabinet secretary to assist in resolving the matter within 60 days before a new conciliator.

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The vice chancellors had moved to court nearly two weeks ago, through the Inter-Public Universities Councils Consultative Forum in a bid to stop the industrial action.

The industrial action was called by the Universities Academic Staff Union (UASU) on March 1.

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Elsewhere, the Human Rights Activist, Okiya Omtatah, has been released unconditionally by a Nairobi court after his arrest on Thursday.

He had been arrested for failing to appear for hearing of a criminal matter.Chief magistrate Francis Andayi ordered for his arrest in the case in which he was charged alongside other protesters.

In his ruling Friday morning, Milimani Senior Principal Magistrate Martha Mutuku lifted the warrant of arrest that had been issued against Omtatah following a request by his lawyer James Orengo.

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The Siaya Senator said Omtatah did not skip court intentionally as he was at the High Court for another matter.

Orengo said it was unreasonable for Chief Magistrate Andayi, to issue the warrant yet the activist was within the court building.

The prosecution did not object the application but asked the court to advise Omtatah to take the proceedings seriously.

The case will be mentioned on March 22.


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