Resume duty or face the sack, TSC now warns teachers

The 280,000 teachers now have a few hours to decide whether they want to get their September pay or not, the Teachers Service Commission (TSC) has said.

TSC chairperson Lydia Nzomo also said the teachers will have to decide if they will remain employees of the Commission.

In a terse statement released yesterday, Nzomo said the employment and labour relations court already declared the ongoing strike as unprotected.

She said teachers participating in the strike cannot claim protection of the employment laws when the employer commences disciplinary action. She said the disciplinary action includes dismissal.

“All heads of schools whose teachers have not yet reported are now required to recall them back for lessons tomorrow. They must also recall all students who they had sent back home for whatever reason,” said Nzomo.

The Employment and Labour Relations Court on Friday ruled that the on-going teachers strike is unprotected by the law following a petition by TSC.

Justice Monica Mbaru said the Kenya National Union of Teachers (Knut) and the Kenya Post Primary Education Teachers (Kuppet) failed to follow the law before calling the job boycott. The unions are to submit their written submissions by 10th of this month.

And although the court did not declare the strike illegal, it cautioned that the teachers were exposed to disciplinary action.

Addressing the press yesterday Nzomo accused teachers of contravening the code of regulations for teachers by boycotting work despite the commission’s appeal for patience.

She spoke as the Ministry of Education released a circular instructing County Education officials to ensure they closely monitor school enrollments. “You must monitor the situation on the ground and make daily roll reports to reach this office through the acting education secretary,” said Education PS Belio Kipsang.

But the Kenya National Union of Teachers (Knut) and the Kenya Union of Post Primary Education Teachers (Kuppet) officials asked teachers to stay put.

Kuppet Secretary General Akelo Misori said unions are in control and asked their members not to panic. “TSC has no legitimacy to issue empty threats after failing to execute court orders. The commission is in contempt of court. Teachers must ignore the threats because we have sufficient arsenal to show them dust,” said Misori.

His Knut counterpart Wilson Sossion termed TSC's threats the last kicks of a dying horse. “We have cornered them and now they cannot even breathe. They have lacked strategy so let them panic,” said Sossion.

Nzomo however said the commission was taking measures to ensure normalcy is restored. “We have held meetings with union officials and asked them not to undertake any action that would negatively impact the learning programmes during this crucial term which more than a million candidates will seat for national exams. Adequate preparations are needed for the examinations,” said Nzomo.

She added that it was imperative for teachers to go back to work as the commission had issued a statement cautioning them of the illegality of the strike. “We have also sent circulars to heads of institutions directing them to ensure all learning programmes are not interrupted,” she said.

On Friday, Education Cabinet Secretary Jacob Kaimenyi said adequate security shall be provided to all pupils and teachers. “We are in talks with all the relevant arms of the Government to ensure the rights of Kenyans are guaranteed... The ministry will work with other state agencies at national and county level to ensure safety of learners, staff and property,” said Kaimenyi.