I'm mad. Livid.
Angry beyond words. I will have to be secreted to a facility to prevent serious
embarrassment to myself and those around me; I'm on the warpath, armed
with the jaw of an ass, bent on Samsonite accomplishment. Let me tell you why.
First, we now have irrefutable proof that the Government of the African
Republic of Kenya is composed chiefly of idiots,
psychopaths, failed brains, megalomaniacs and the most hideous liars.
Secondly, that said government is set, inexorably, on the path to self destruction. Which is shocking: everyone, however severe their intellectual
limitations, is endowed with a strong sense of self preservation and even
perpetuation. The government, so far as I can see, is the sum of parts,
each of which is bereft of that vital sense. Let me calm down a bit and give
this thing a little more coherence.
Teachers are grossly underpaid.
Teachers do more work than the MPs.
Teachers impact more directly, more positively and on a
larger spectrum of people than the MPs, PSs, MDs and other gourmands will ever manage.
All the waheshimiwa, bar none, have at least a handful of
teachers in their grassroots network.
Anyone who has ever campaigned knows that they will get
nowhere without teachers' support, and that they will be totally doomed if the teachers
take a dislike to them.
It would seem obvious to the
stupidest government that the welfare of teachers is the mainstay of its
goodwill. Not to this Grand thing, however.
When teachers threatened to strike late last year, the government - replete with former teachers on any given day - easily roped in unwashed characters like that Kanyamba fellow, under the
aegis of the ridiculous KUPPET, and offered them goodies. Eventually, the most
unbelievably pro-government, anti-teacher pay package was announced by Mzee Sam.
Under this scheme, or, more appropriately, scam, a teacher currently earning
Kshs 36,000 would, at the end of five years, be earning Kshs 102, 000. On the
other hand, a teacher presently earning Kshs 6, 200, would, at the expiry of
the same period, be earning Kshs 14, 000.
Perhaps if you calculate this in terms of scale factor and
percentages, the sheer atrocity of this scam will not be as immediately obvious as my
kienyeji truth. So let me spell it out inelegantly. Kanyamba, Esq, darling of
the government will, by 2011, have an increment of over Kshs 66,000, while the
jerry can-toting, Free Primary Education-implementing, harassed teacher in
Ruthimitu Primary, including the headmaster, will have earned the generous increment
of Kshs 7, 800.
It gets worse. Mr
Kanyamba negotiated as representative of KUPPET, which claimed to have a total membership of
11,000 teachers. This figure was clearly dubious, as the number of ostensible
KUPPET members who have defied Kanyamba and joined real teachers in protest is
embarrassingly large. The outcome of the negotiation was a truly suspicious
document called an agreement, executed before a hack and lacking the
rigour of satisfactory draftsmanship, emanating as it did from a city mercenary - also unwashed - rather than from the State Law Office. According to Ongeri, TSC and
Kanyamba, the agreement binds all teachers in the African
Republic of Kenya. Yes, I said that the agreement would
bind all teachers, whether members of KUPPET or not. Now, good people,
that is totally illegal for a number of reasons:
There is no evidence that KUPPET had the authority of its
members to negotiate the scam.
There is no evidence that KUPPET had the authority of its
members to agree to the terms of the scam.
By law, even ours, privity of contract provides that only
parties to a contract can be bound by its terms. That is to say, you and I cannot
enter an agreement which exacts obligations on a third party who has no idea
what we are on about, and does not want to be part of it anyway.
The Minister of Education - I would like to call him Big
Sam, but we all know he is Old Sam - is using the patently illegal agreement to
browbeat teachers into accepting a settlement that is clearly against their
best interests.
Worse, the TSC and Ministry, in what amounts to conspiracy, have conferred on themselves tyrannical powers
to withhold teachers' pay, fire striking teachers and enforce Kanyamba's
agreement.
In the event those threats are carried out, they will
be illegal, and the Attorney General should write an opinion in Ekegusii,
Kiswahili and extremely basic English explaining that might is not always
right, and that, in this particular instance, it is actually wrong. The problem is
that the AG cannot give an opinion unsolicited, and being idiots, the people
see no need to seek it.
If aggrieved teachers were to institute legal action
against the government and TSC (forgive the tautology), the latter would lose
and have to pay out colossal amounts in damages and legal costs. Who do you
think will foot the bill? Thank you very much.
So. An agreement with
KUPPET is not an agreement with KNUT. Because KUPPET is not KNUT. The
government was swindled by Njeru Kanyamba into thinking there was a shortcut.
There wasn't. That is why Kanyamba is mum about the present debacle. He knows
that he obtained a deal by false pretences. They were conned in the simplest of
ways. Meaning that the TSC and Old Sam can fall for any third rate scam.
The implication is that any person in authority who thinks
that the teachers do not have a legitimate grievance, who thinks that the
teachers' strike is illegal, who thinks that teachers are joking is
spectacularly challenged. Any person in authority who not only thinks, but
actually says that, needs urgent medical intervention. That, at the end of the day, is what leaves me beside
myself with a rage. Anyone who serves in government whilst beset by such affliction and infirmity of mind ought to be relieved
of their duties. The Hon Prof Sam K. Ongeri, despite
his academic credentials and pretensions, is ultimately one such person.
So I'm down with the teachers, and shall remain down with
them, until the idiots come round, however long it takes. And so should you be too.
_________________________________
Eric Ng'eno
About the author:
Eric Ng'eno is a Nairobi-based advocate who writes passionately about Kenya.