Knut wants appeal case by TSC dismissed for not complying with court orders
Lawyer Paul Muite, who is representing teachers' unions in court. Knut wants the Court of Appeal to dismiss a case filed by the TSC, saying the commission has failed to comply with the conditional orders the court had issued. PHOTO | JAMES EKWAM | NATION MEDIA GROUP
What you need to know:
- The TSC has appealed against a June 30 ruling directing the government to increase the basic salaries of teachers by between 50 and 60 per cent over four years.
- The period to be covered stretches from July 1, 2013 to June 30, 2017.
- The order meant that the TSC has to give teachers an annual salary raise of between 12.5 per cent and 15 per cent.
- The contempt case will be heard Monday.
The Kenya National Union of Teachers (Knut) wants the Court of Appeal to dismiss a case filed by the Teachers Service Commission (TSC) because it has failed to comply with the conditional orders the court had granted.
Court of Appeal judges Mohammed Warsame, Sankale ole Kantai and Jamila Mohammed had in July issued a conditional directive to the the TSC that it start effecting an enhanced pay of 50-60 per cent for teachers beginning August 1 and continue paying until an appeal it had filed before them is heard and determined.
"A failure to comply with our order will lead to an automatic collapse of the appeal filed by TSC,” the judges had ruled.
Knut, in its application filed through lawyer John Mbaluto, has said the TSC should not be heard because it failed to comply with the orders issued on July 23.
FOUR YEARS
The TSC has appealed against a June 30 ruling by Justice Nduma Nderi of the Employment and Labour Relations Court directing the government to increase the basic salaries of teachers by between 50 and 60 per cent over four years.
The period to be covered stretches from July 1, 2013 to June 30, 2017.
The order meant that the TSC has to give teachers an annual salary raise of between 12.5 per cent and 15 per cent.
“It is important for the court to address itself on the question as to whether the Commission has a right of audience or whether the appeal is competently before court given that the Commission is in blatant and wilful contempt of court,” said lawyer Mbaluto.
The case will be heard on Tuesday, September 22.
Meanwhile, Knut has also commenced contempt-of-court proceedings at the Employment and Labour Relations Court against the chairman and chief executive officer of the TSC as well as Cabinet secretaries and principal secretaries in relevant government ministries.
The contempt case will be heard Monday.
