The Government and teachers are headed on a collision course after the Teachers Service Commission (TSC) announced they would not be able to honour a collective bargaining agreement signed between the two parties in 2023 following budget cuts.

Speaking when she appeared before the Education Committee in the National Assembly, TSC Chief Executive Officer Nancy Macharia on Wednesday told MPs that their overall budget has been slashed by Ksh.10 billion, which will affect the implementation of the second phase of the CBA agreement.

Macharia also informed the committee that Junior Secondary School intern teachers could only be absorbed from January and not this month as earlier anticipated.

The promise by the Kenya Kwanza Government to employ 20,000 new teachers this month will also not be achievable, with Macharia stating that recruitment can only start in October.

Regarding the CBA, Macharia told the committee that they risk court cases and strikes for not honouring what they promised the teachers.

“We have written to the Treasury explaining what will be affected by the cuts. We don’t have the money to implement it at the end of the month. The warrant we have is to spend 15% of our budget, which means we are only paying salaries,” Macharia said.

Teachers were set to enjoy a basic salary increment of up to 9.5 percent starting from July 1, 2023, following an agreement between the TSC and teachers’ unions.

The deal was signed by the Kenya National Union of Teachers (KNUT), the Kenya Union of Post-Primary Education Teachers (KUPPET), and the Kenya Union of Special Needs Education Teachers (KUSNET).

“When you sign a CBA with unions, you deposit it in court to show that you are obligated to implement it. So, we shall face litigation and seem like we are acting in bad faith,” she said.

The committee led by Julius Melly (MP Tinderet) was taken aback by the Treasury's decision to cut expenses in such key areas.

“We can’t allow you to touch the issue of CBA implementation because that will affect learning across the country,” said the committee chair.

“You know that you have a CBA that will result in a strike if affected, why do you reduce the budget in an area you have committed to? Or are you shooting yourself in the foot?” he posed.

Moiben MP Phylis Bartoo questioned why the National Treasury was reorganizing a critical budgetary item touching on personal emoluments of the workforce at such a time when the nation is facing upheaval.

“We don’t want to see teachers going to the streets at this critical time because of retained benefits,” she said.

Luanda MP Dick Maungu accused the TSC of choosing to delay the implementation of the CBA when faced with budgetary cuts instead of reorganizing the budget in other sectors.

“Why has the TSC decided to touch on the CBA when the National Treasury directed them to reduce their budget by Ksh.10 billion? This is a problem of your own making,” Maungu retorted.

“The Gen-Zs that are on the streets are children of the teachers, now you also want to set their parents against the government?” he added.

Teachers will also face hurdles accessing critical health services as the medical cover scheme has been slashed by 50 per cent, resulting in a shortfall of Ksh.11.8 billion.

The medical scheme under Minet was in the second year of implementation in the three-year framework contract, with services such as group life, group personal accident, and WIBA no longer available.

“We will not allow you to set up the government against teachers, please go and discuss among yourselves and ensure that you don’t touch these items; this we will not allow,” Chair Melly directed the TSC and the Treasury.