Sh3bn claim by teachers dismissed

The government Monday exonerated itself from blame that it withheld Sh3 billion meant for 81,901 teachers working in less developed areas.

The demand by the Kenya Welfare Association of Teachers in Hardship Areas (KATHA) was incorrect and misplaced since it relied on a non-existent agreement, said Teachers Service Commission head of communication Kihumba Kamotho.

“The government has never and does not intend to discuss matters on teachers’ salaries, allowances and terms of service with a welfare association since when the need arises we have a laid down mechanism that involves their respective unions,” Mr Kamotho said.

He said that the successful 1997 salary negotiation between teachers and the government came up with a deal “agreeable” to both parties that the teachers’ basic salaries be increased and harmonised with those of civil servants on condition that no allowances would be increased.

“We agree that teachers’ allowances are pegged at 30 per cent to a teacher’s salary but the union and the government put it down in writing that at the time, the government was only able to cater for the salary increment,’’ he said, adding that new allowances would put a financial constraint on the national wage bill.

Monday, KATHA’s Secretary-General Ndung’u Wangenye sent they had sent a 21 day demand notice to TSC seeking for talks to agree on the mode of payment saying they would seek legal redress if TSC remains adamant.

Mr Kimotho said that the government also agreed with the teachers’ union that the basic salary increment would be effected in three phases taking up three years in the process.

“During this period no adjustments were entertained on any of the allowances, commuter, house or hardship and this was done in writing where parties agreed that the old hardship allowance be maintained,” he said.

But Mr Wangenye insisted that the gazette 30 per cent hardship allowance rule that was pegged to the basic salary was legal and demanded that TSC rethinks its position or else be ready to face teachers in court.

“What teachers are demanding is their money they earned while working in extremely difficult conditions.

They worked in flood-prone, food-insure and bandit prone areas that also enjoy the least development in the country. Poor roads, no hospitals and no banks or even trading centres to buy essentials present teachers with trying times that require that their sacrifice be appreciated with a monetary reward,” said Mr Wangenye who is also the Laikipia branch Kenya Union of Post Primary Education Teachers(KUPPET).

In the statement sent to newsrooms, TSC said that the 1997 agreement was not an omission but a deliberate deal between the giant Kenya National Union of Teachers(KNUT) and government representatives.

“ In fact the agreement was categorical that the amount payable as allowances would not be adjusted and would remain at the amount applicable and payable as of 30th June 2009 before the new agreement during the three year implementation period.

The Teachers Service does not, therefore, owe any amount in respect of hardship allowance arising out of the 2009 agreement,” it said adding: “issues touching on terms and conditions of service, including remuneration, can only be addressed within the framework provided by the Kenya Constitution 2010 and Section 13(5) of the Teachers Service Commission Act No.20 of 2012.

Certainly, the mandate of the welfare association does not include negotiations between an employer and employees which belongs to trade unions that have a Recognition Agreement with the employer”.

TSC termed the demand as ‘baseless, misplaced and mischievous’ and called upon teachers in hardship areas to ignore it “because it serves no other purpose than to distract them from their noble duties and create expectations without any foundation whatsoever”.

Mr Wangenye, through lawyer Njagi Nderitu said teachers’ rights have been trampled upon for years with no word heard from the government on the fate withheld allowances.