Nairobi, Kenya: The legal battle between Teachers Service Commission and its disgruntled employees is getting mucky with both opposing sides moving to court Thursday over the disputed pay rise.
TSC moved to the Employment and Labour Relations Court in a bid to stop the ongoing go slow whereas Kenya National Union of Teachers was in the same court seeking to have the commission's chairperson Lydia Nzomo jailed for failure to honour court orders on the 50-60 percent pay increment.
TSC, through lawyer Obura Mbeche, told the court that the unions never served the commission with a strike notice as required by the law.
He argued that the strike called on by the unions after failure to pay the increased salaries was illegal. "This court has powers to stop the illegal strike called by the respondents," he argued, adding that national examinations candidates will be most affected if the strike was not called off.
The war between the unions and the commission seems to be going round in an unending circle. The case moved from the Labour Court, after TSC sued the unions in January this year in a bid to stop the strike then.
The case has since moved to the Supreme Court and now it is back to where it initially started.
Both TSC and KNUT had appeared before Justice Monicah Mbaru under a certificate of urgency. TSC was ordered to serve the unions with court papers and come back for a hearing on August 4 whereas the contempt case will be heard on September 21, a day before the Appellate Court hears the commission’s appeal.
In the contempt case, the Wilson Sossion led union through lawyer John Mbaluto also wants Cabinet secretaries Jacob Kaimenyi(Education), Henry Rotich (Treasury) and Rachel Omamo (acting Labour CS) and their Permanent Secretaries to be sent to a civil jail for failing to honor the court orders.
"The respondents are in blatant and willful contempt of this honourable court's judgment which required the Teachers Service Commission to pay a 50-60 percent increment in basic salary," justice Mbaru heard.
Lawyer Mbaluto argued that the current teachers' go slow is as a result of the Government failure to fulfill its end of bargain. "Teachers must be paid. As a result of the respondent's refusal to pay teachers their fair and just remuneration as awarded by this court. The industrial unrest is likely to grip the entire nation. "Mbaluto said adding that the standoff was likely to bring to a complete halt learning in public schools.
The unions and the commission, backed by the State, have held on hard line arguments to justify their actions, with the common child left to take the heat.
On one end, the unions say that teachers will not get back to classes unless their dues are paid as ordered by the court and on other hand, the State maintains that it has no money to pay or sustain the increased pay demands.
KNUT in its case also asked the court to order the State to pay Sh37 billion arrears, which was temporarily halted by the Court of Appeal.
"The money that is sought by the teachers was not budgeted for. The commission thus has no money to pay the increased salaries," the commission has severally held.
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TSC continues: "Teachers’ salaries have been harmonized with those of other officers in the public service.”
But its disgruntled employees hold that it is either they get their pay or else they will not offer their services. The unions argue that teachers are poorly remunerated as compared to their peers in the public service.
"The respondents have made bold public statements to the effect that they will not pay teachers their salary increment. The disobedience of the court orders threatens the very foundation of administration of justice. Parties who disobey court orders must be punished," the unions hold.