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for teachers would yield annual savings of Ksh. 6 billion for the government, arguing that this claim is based on an unpublished report from an Inter-Agency Technical Committee under the Ministry of Public Service, Performance, and Delivery Management.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.

Teachers and civil servants are set to lose Sh6 billion in hardship allowances following a review of areas designated as hardship zones.

Prime Cabinet Secretary Musalia Mudavadi stated, “It has been observed that the criteria for identifying hardship areas are inconsistent. For example, the civil service relies on previous district boundaries, while the Teachers Service Commission (TSC) categorizes based on educational zones.”

As a result of this review, thousands of teachers and civil servants will see a reduction in their hardship allowances. The government has approved a long-awaited assessment of regions classified as hardship areas, which will lead to cuts in these allowances.

Mudavadi informed the National Assembly that the adjustments will enable the government to save Sh6 billion annually. “I would like to inform the House that implementing the Inter-Agency Technical Committee report will decrease the financial burden of hardship allowances from Sh25 billion to Sh19 billion per year, resulting in a Sh6 billion saving for the government,” he stated.

The report, completed in 2019, has been delayed for years and evaluates the criteria for identifying hardship areas and the distribution of allowances to government employees across various sectors.

Mudavadi noted that the committee conducted extensive consultations and discovered that some regions previously classified as hardship no longer meet the criteria.

The review indicated that several areas categorized as hardship have undergone significant social and economic development since the 2013 transition to a devolved governance system, leading to improvements in access to water, healthcare, transportation, and education services.

The findings have been submitted to the Salaries and Remuneration Commission, which is expected to establish new rates. The updated list has also been forwarded to the Chief of Staff and Head of Public Service to initiate the gazettement process.

Additionally, the report highlighted that not all public servants in hardship areas receive the allowance, as some are excluded due to ambiguous policy guidelines. In certain instances, only specific regions within a county or sub-county qualify, leaving others in the same locality without support.

Mudavadi remarked, “It has been noted that the criteria for identifying hardship areas are inconsistent. The civil service, for instance, utilizes former district boundaries, while the Teachers Service Commission (TSC) employs educational zones for classification.”

Currently, the classification of hardship areas differs across the public sector. The civil service, county governments, and parastatals recognize 16 hardship areas, while the TSC identifies 44 and the Judiciary lists 21. This lack of a cohesive approach has led to confusion and grievances.

Members of Parliament have raised concerns in Parliament, with many deeming the existing classifications as unjust.

Nyando MP Jared Okelo asked a question on the issue last month, prompting calls for a proper review to reflect current realities.

Hardship allowances were introduced in 1969 to support officers working in remote and underdeveloped areas. These are regions that lack basic services like food, water, transport, communication, and health.

Mudavadi said the aim is to apply one clear policy across all arms of the public service, so the allowance can be shared fairly based on clear and current standards.

“The proposed harmonisation of the designated hardship areas in the public service” will guide this process, he said.

The move is expected to affect workers who have long relied on the hardship allowance, as some may lose the benefit once the revised regions are made public.