Civil Appeal No. 146 of 2019
UASU-TUM Legal Advocacy & Staff Welfare
Civil Appeal No. 146 of 2019
Defending negotiated rights · Protecting workloads · Advancing fair working conditions
Case at a Glance
Background to the Dispute
UASU-TUM Chapter took the university to court over a dispute relating to TUM management's attempt to increase workload from 3 units to 4 for degree teaching staff and from 4 to 5 for diploma programmes.
The dispute centred on the workload expectations placed on academic staff and the implications of changing established teaching arrangements without adequate consultation.
Court Proceedings
TUM's appeal was dismissed with costs.
The decision represented an important milestone in UASU-TUM Chapter's efforts to protect members from unilateral workload changes and to defend negotiated terms of service.
Impact Beyond TUM
The case attracted attention beyond the Technical University of Mombasa. Other chapters, including UASU-Maseno and UASU-Masai Mara, subsequently sought guidance from UASU-TUM Chapter on legally challenging additional workloads within their universities.
Significance
The case demonstrated the importance of informed collective action, lawful dispute resolution and strategic legal engagement in protecting academic staff interests.
SRC Advisory Challenge
UASU-TUM Chapter became the first trade union to successfully challenge the Salaries and Remuneration Commission (SRC) advisory.
In a letter dated 4 September 2017 addressed to Prof. Laila Abubakar, SRC advised retaining existing financial rates under the 2013–2017 CBA.
The union responded on 18 September 2017 raising key concerns. Despite initial resistance, persistent formal and informal engagement led SRC to revise its position, resulting in an improved internal CBA with enhanced financial benefits.
Collective Bargaining Gains
During the 2010–2012/2013 internal CBA negotiations, the union resisted management's proposal concerning commuter allowance.
After a year-long effort, the union secured improved rates for members using private and public transport.
This success also influenced improvements in allowances for non-teaching staff.
Advocacy Through Collective Action
The Road Ahead
Negotiating with management remains challenging, particularly because of competing union interests and institutional dynamics.
Public universities also face significant financial constraints caused by underfunding and internal revenue pressures.
- Protect negotiated terms and conditions of service.
- Continue evidence-based engagement with management.
- Use lawful dispute-resolution mechanisms where necessary.
- Strengthen member solidarity and participation.
Our Continuing Commitment
Despite the challenges facing public universities, UASU-TUM Chapter remains committed to securing better terms and conditions of service for its members.
Through solidarity, strategic engagement and lawful advocacy, the Union will continue to defend the professional dignity, rights and welfare of academic staff.