On 25 May 1992, they submitted an application for registration to the Registrar of Trade Unions.The Registrar acknowledged the receipt of the application documents the same day.However, there were no further replies from either the Registrar General or Attorney General.
In June 1993, the UASU interim officials wrote to the Attorney General seeking audience with him to discuss UASU's registration.The Attorney General did not reply to this letter.
Due to lack of response, UASU decided in November 29,1993 to go on strike in protest against the government's decision not to register the proposed union. The notice of the intended strike was issued to the Attorney General, the Registrar and Vice Chancellors of the Public Universities. A copy of the notice was delivered to Kenya's President by then Daniel Moi who was the Chancellor of all public universities.
On 24 November, 1993, the Registrar refused to register UASU on the grounds that *the Union is used for the unlawful purposes and as such peace, welfare and good order in Kenya would otherwise be likely to suffer prejudice.*
The Registrar-General also rejected the application for the registration of UASU on the grounds that *there was no provision in legislation for the formation of an academic union.*The same Registrar had registered the University Academic Staff Union in 1972.
The government and universities administrations' opposition to UASU was objective (e) of its constitution which aimed at securing the participation where possible in the consideration and formulation of universities policies. One university publication while interpreting this objective argued that
*Objective(e) is the basis of UASU's usurpation of the powers vested in the institutions of the Chancellor(President), Council and Senate.*
In declining UASU registration, the government relied on pro- establishment academics who argued that unions by their very nature excluded whitecollar jobs.
UASU INTERIM OFFICIALS OF UNREGISTERED UASU
The officials of the unregistered UASU included:
- Korwa Adar(Chairman-UoN),
- *Kiilemi Mwiria (Secretary General- KU)*
- Peter Kagwanja (Moi University representative in National Committee),
- Charles Namachanja
- Airo Akodhe
- Eric Makokha
- Churchill Kibisu
- Nyaduwa Odhiambo.
THE 1993-94 STRIKE-THE MOST EXPENSIVE AND PROTRACTED STRIKE IN KENYA'S LABOUR HISTORY
The Strike began on 29 November, 1993 and court proceedings initiated on 23 December 1993 challenging the Registrar's decision to reject their application as a trade union. The strike which was intended to compel the government to register the Union, turned out to be the most protracted and expensive strike in Kenya's labour history.
All the National officials of UASU were arrested and harassed since the commencement of the strike in November 1993. UoN UASU officials were evicted from the University staff houses. On 10 December 1993, the National officials were arrested while proceeding to Egerton University for a meeting.No charges were pressed and officials were released the following day.
On 27 December, 1993, during the swearing of the two newly appointed judges of the High Court of Kenya , President Moi who was the Chancellor of public universities stated that the Government would never register UASU despite the fact that the matter was still in court. He reiterated the government position on December 31 in a public function. He again repeated that the government would not allow the registration of UASU on 25 February 1994 and further stated that the government would take stern action against the leaders of UASU. Dr. Korwa Adar was arrested from his house on the same day. He was charged with inciting students and colleagues to violence.
Justice A. B SHAH, one of the new judges sworn in 27 December 1993, and who was previously the President's lawyer heard an application filed by UoN UASU Chapter officials seeking to restrain eviction from their University housing until the cases challenging the rejection of the registration and their purported dismissal from the University were fully determined. Justice A.B SHAH rejected the application.
The strike paralysed academic programmes, disrupted examinations and led to violence on campuses. Violence escalated when students joined the fray and engaged the police in running battles. In the process both the police and students were injured.In the fourth month of the strike, a report put the financial losses incurred by universities at 300 million Kshs.
The government and university authorities's response was draconian. Twenty seven(27) lecturers including UASU officials were sacked. Salaries of hundred others were suspended.Owing to spiralling effect on 1993/94 and dependence on salaries, this dealt a devastating blow to the strike effort. By June 1994,in Kenyatta, Egerton and Moi,the strike had been reduced to a few pockets of resistance. In September 1994, UASU leaders called off the strike.Although, the purpose of strike- registration of UASU- had not been achieved, members of academia had demonstrated their resolve.
In the aftermath of the strike, the relationship between lecturers and administration was badly strained. The state tightened its hold on universities. *Positions of Deputy Vice chancellors, Deans, Chairs of Department which were elective became nominees of government*. Following the infringement on academic freedom, a majority of academics left the country.
REGISTRATION OF UASU
UASU was finally registered in 2003, after KANU government lost the 2002 General Election to the National Rainbow Coalition (NARC). By then, Dr. Kilemi Mwiria, a former UASU official, was the Assistant Minister in the ministry of Higher Education, Science and Technology.