The Kenya Union of Post Primary Education Teachers (KUPPET) has expressed strong opposition to the government’s proposed revision of 44 hardship zones, which is anticipated to result in a reduction of hardship allowances for educators.
The union has characterized the intended removal of certain areas from the hardship designation, as recently announced by Prime Cabinet Secretary Musalia Mudavadi, as an overreach. KUPPET contends that there has been a lack of public engagement or consultation with the teachers who would be negatively impacted by this decision.
KUPPET has labeled the initiative as “unilateral and illegal,” threatening to pursue legal action should the government proceed with the proposal, asserting that the hardship allowances are hard-won benefits established through a Collective Bargaining Agreement (CBA).
“Legally, the current hardship allowances provided to teachers cannot be altered through executive action,” stated KUPPET Secretary General Akelo Misori during a press conference on Wednesday. “These allowances are protected under Legal Notices No. 534 of 1998 and No. 196 of 2015, as well as through collective bargaining agreements negotiated with the Teachers Service Commission (TSC). A Minister cannot rescind a benefit that was not originally conferred by them.”
KUPPET further criticized Mudavadi’s assertion that the proposed reduction in hardship allowances for teachers would yield annual savings of Ksh. 6 billion for the government, arguing that this claim is based on an unpublished report from an Inter-Agency Technical Committee under the Ministry of Public Service, Performance, and Delivery Management.
Consequently, Misori has called for the immediate release of this report, emphasizing the necessity for public examination prior to any policy alterations. “We urge Mudavadi to disclose the report and allow it to undergo stakeholder scrutiny before making hasty policy declarations,” Misori stated.
According to the KUPPET Secretary General, any modification of hardship zones must adhere to established legal and statistical criteria provided by the Kenya National Bureau of Statistics (KNBS), which include factors such as access to water, food, social services, climate, security, and poverty levels.
The union also pointed out that certain regions have experienced deteriorating conditions and should be added to the hardship designation. “The National Assembly, after considering petitions from the public, has recommended that new areas, including Chepalungu, Chonyi, Nyatike West, Nyatike North, Nyatike South, and Rachuonyo North Sub-Counties in Bomet, Kilifi, and Migori counties respectively, be designated as hardship areas,” Misori noted.