President Uhuru wrong on teachers’ pay

After a long spell of inexplicable silence on the ongoing teachers’ strike, which has threatened the foundations of social order in the country, President Kenyatta finally broke his silence when he returned from a trip in a foreign land.

Sadly, his words were not commensurate with the constitutional requirements of his office.

Mandated to promote national unity, advocate for the rule of law and enhance national security, the President’s actions must be measurable.

His operation must be carried out within the precincts of the law. His words must be seasoned with spices of grace that drive national agenda.

Yet, when he broke his silence, Mr Kenyatta dismissed teachers’ salary increment of 50-60 per cent as “economically unsustainable”.

The salary was rightfully awarded to teachers by the Industrial Court and upheld by the Court of Appeal and the Supreme Court.

By dismissing the salary increment, which is a judicial decision, the President missed the mark. At this point, teachers’ salary is a non-negotiable issue. The Supreme Court’s verdict, which is the highest and the final court in the land, closed that debate.

Perhaps the Government should realise that attempting to convince the public and teachers in particular that there is no money to pay teachers is a monumental task that is doomed to fail against the backdrop of  incessant corruption, including a recent scandal at National Youth Service in which almost Sh1 billion was stolen.

What is of even greater concern is that from the start of the salary dispute, the President stood aloof and disinterested.

Instead of encouraging an out-of-court settlement, Jubilee administration oversaw TSC’s decision to file a lawsuit against the interests of teachers as encapsulated in the Collective Bargaining Agreement (CBA).

By turning around to cast aspersions on a judicial decision that awarded the salary increment, the President shifted the blame from the failures of his administration to teachers and the Judiciary. He insinuated that the Government will disobey the court order.

As the President, Mr Kenyatta has an obligation to lead the nation in obeying court orders.

Contempt of court orders will erode the little remaining confidence in a Judiciary that is struggling with credibility issues.

But first, let me be clear.

This dispute has reached a point of no return due to lack of leadership.

For this, the Jubilee administration and the Teachers Service Commission (TSC) must shoulder a donkey load of blame. They failed to encourage an out-of-court settlement on how the teachers’ demands could have been addressed amicably without disrupting learning.

Secondly, the Jubilee administration and the TSC believed in the Judiciary as a just mechanism of resolving the salary dispute. All levels of courts were consulted. Evidence from both sides was interrogated, witnesses were cross-examined and binding rulings were made.

The Government has no option but to implement the court order and pay teachers what they rightfully deserve even if it means depleting contingency funds at the Treasury.

At this stage, the whole country must take collective responsibility.

We can no longer shift blames or politicise the court order.

At the very least, President Kenyatta should convene and mediate an urgent meeting between TSC and teachers unions.

The meeting should then attempt to find a political settlement on how the court order that increased teachers’ salary can be implemented, even in phases.

Disobeying court orders is a dangerous precedent that could slide the country into anarchy.