The legal stand-off between the Teachers Service Commission (TSC) and its employees, is far from over following the decision by the teachers' employer to try again to block the 50-60 per cent salary increment.
TSC filed its papers at the Supreme Court's registry yesterday, seeking a review of the court's ruling that locked out an opportunity for the commission to block implementation of the award.
Even as unions advised teachers not to report to work until they are paid, the commission through lawyer Stella Ruto wants, for a second time, to convince the highest court in the land to temporarily block the payment.
Ruto in her papers states the commission had already filed its notice of appeal, which was an indicator that it would appeal the decision by the Appellate Court.
"The determination and holding of this honourable court that there was neither an appeal nor an intended appeal before the Supreme Court is erroneous as the applicant (TSC) had filed a notice of appeal dated July 27, 2015 as well as filing the substantive appeal being petition number 14 of 2015," the papers seen by The Standard read in part.
The Supreme Court had ruled that it had no powers to entertain TSC's pleas when there was no intended appeal that was lying before the judges of the highest court in the land.
But Ruto said the commission had referred to its petition before the court when submissions were being made before a five-judge bench.
The lawyer stated that the alleged error has occasioned a miscarriage of justice.
"Consequently, there is an error apparent on the face of the record and it was on the basis of the error that the motion was dismissed," the application papers further read.
She refuted the message sent out to teachers that the Supreme Court had ruled that their employer was to pay them the hiked salaries, saying it was false.
"The victory that has recently been celebrated by the first and the second respondents (Kenya National Union of Teachers and Kenya Union of Post Primary Teachers) has been advanced on the false basis that this honourable court has ruled that enhanced salaries should be paid to the members of the first and second respondents,” the papers read.
As of yesterday, the court had not formally accepted the TSC review papers as they remained in the Supreme Court's registry with no stamps.
According to the court's procedure, a judge on duty has to go through the documents before giving the registry a go-ahead to stamp the documents as received, which would now pave way for the commission to approach the judge for a hearing.
The commission intends to ask the Supreme Court to revert its earlier orders and also give temporally orders that the 50-60 per cent pay rise should not be remitted to teachers.
"It is therefore necessary that interim orders be issued so that no miscarriage of justice arises and to ensure that the constitutional issues raised should not be rendered nugatory," Ruto said.
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The commission ought to have released Sh4.96 billion by yesterday midnight as per the demands by the unions, but this has remained unresolved.
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