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The row between the teachers' employer and a giant union has escalated after teachers who disrupted the new curriculum training sessions across the country were fired.
Teachers Service Commission (TSC) has also vowed to recover salaries it paid to the Kenya National Union of Teachers (Knut) members who were facing disciplinary actions following the April chaotic scenes during the Competency-Based Curriculum (CBC) training.
“Salary overpayment will be followed up from you per the payroll records,” reads one of the sacking letters seen by The Standard.
Out of 219 teachers facing disciplinary cases, information from TSC shows 42 teachers have been dismissed and 124 interdicted.
Nancy Macharia, TSC chief executive, said another 30 teachers have been issued with warning letters and will be keenly monitored. Only five cases have been deferred and one teacher re-invited to face the disciplinary process.
Macharia said 17 interdiction cases of the teachers who were involved in the disruptions had been lifted.
The revelations of the stern disciplinary actions are likely to further complicate the relationship between TSC and Knut at a time the union is facing internal revolt.
Knut Secretary General Wilson Sossion is embroiled in a court battle with the rest of union officials over his legitimacy as an official.
Employment and Labour Relations Court last month suspended interdiction of the more than 200 teachers facing disciplinary action for failing to attend new curriculum training.
Those affected include head teachers and executive secretaries of Knut from Kisii, Machakos, Makueni, Kilifi, Kwale, Kakamega, Vihiga and Bungoma counties.
The interdicted teachers received show-cause letters on April 25 and were, thereafter, notified of interdiction on May 3, 2019. The teachers had until May 26 to defend themselves in writing or get fired.
However, issuing the orders, Justice Byrum Ongaya instructed TSC not to conduct any disciplinary hearing, or take any disciplinary action against its employees for missing curriculum training until the case filed by their union is heard and determined.
“The respondent (TSC) is hereby ordered not to take any disciplinary action until the case is heard and determined,” ruled Justice Ongaya.
Sacking letters seen by The Standard, however, reveals that the teachers were fired after an elaborate disciplinary process.
The letters from Dr Macharia’s office say that the commission carefully considered the cases and determined that the said teachers are guilty of the charges levelled against them.
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The teachers who received their letters by August 15 were found guilty on two grounds of incitement and insubordination
“…you incited teachers who were attending training programme on the new syllabus, CBC, that had been organised by Ministry of Education in conjunction with TSC,” reads one of the letters.
It further says that the affected teachers were found to have insubordinated the Curriculum Support Officers by ignoring their invitation to attend training on the new syllabus.
In the dismissal letters, Dr Macharia says that the teachers have three months to appeal the decision as required under the provision of code of regulations for teachers
In their defence during the court hearing, some teachers said they were not aware of the training sessions.