Court orders teachers and their employer to stop trading threats over higher salaries dispute
TSC lawyer Geoffrey Obura (centre) flanked by teachers' representatives Omboko Milemba (right) and Akelo Misori (left) and members and officials from other unions on September 15, 2015 shortly after court proceedings on the disputed teacherspay rise. PHOTO | JAMES EKWAM | NATION MEDIA GROUP
What you need to know:
- Mr Justice Nelson Abuodha of the Employment and Labour Relations Court yesterday directed both sides to await a ruling next week determining the legality of the strike.
- Knut and Kuppet, however, played a video in court in a bid to show that a strike was the only option available to them after the government vowed it would not respect the court order.
- Knut lawyer Paul Muite said there is no guarantee that the government will obey court orders to arrest TSC officials for contempt if it has defied orders to pay the salaries.
Teachers and their employer have been warned against threatening each other in the dispute over higher salaries.
Justice Nelson Abuodha of the Employment and Labour Relations Court yesterday directed both sides to await a ruling next week determining the legality of the strike.
“Teachers should not be in the streets demonstrating. I also expect the Teachers Service Commission to stop threatening the teachers,” Justice Abuodha said.
He issued the directive after hearing arguments from the TSC, which alleges the strike is illegal, and from teachers’ unions Knut and Kuppet.
The TSC, through lawyer Geoffrey Obura, said the unions had unlawfully decided to use the strike to compel the government to pay them higher salaries.
He said the law only allowed the unions to institute contempt of court proceedings against the TSC.
Mr Obura said by calling the strike, the unions had violated the rights of children in public schools.
STRIKE NOTICE
He also alleged that the unions failed to issue a strike notice before the strike. “The purpose of a strike notice is to give the employer and those who are concerned an opportunity to enter a dialogue or seek the court’s intervention,” said Mr Obura.
State Counsel Emanuel Bitta urged the court to stop the further violation of children’s right to education.
He said the salary increase could be effected any time but time lost by the children could not be compensated for.
Knut and Kuppet, however, played a video in court in a bid to show that a strike was the only option available to them after the government vowed it would not respect the court order.
Knut lawyer Paul Muite said there was no guarantee that the government would obey court orders to arrest TSC officials for contempt if the agency has defied orders to pay the salaries.
“If teachers are ordered to resume work as requested by the commission, then public pressure on the government to pay will end and this is what it wants,” said Mr Muite.
A ruling will be delivered on September 25.
