TSC wants Lydia Nzomo, CEO Nancy Macharia excluded from contempt case

The Teachers Service Commission (TSC) has defended its chairman Lydia Nzomo and chief executive officer Nancy Macharia from a contempt-of-court application by a teachers’ union.

The commission, through lawyer Fred Ngatia, told Justice Nduma Nderi that the two officers were never part of the enhanced pay dispute case and therefore, no orders could be issued against them.

The Kenya National Union of Teachers (Knut) has, in the contempt application, sued the TSC chairman and chief executive officer.

Others are Cabinet secretaries for Education, the Treasury and Labour, as well as the principal secretaries in these ministries.

“The court did not issue judgment against any of the persons named in the motion. Accordingly, the mandatory orders sought are misconceived,” said lawyer Ngatia.

The government, through State Counsel Emmanuel Bitta, also challenged the contempt-of-court orders sought by the union.

NOT PART OF PETITION

The government said Cabinet secretaries and their principal secretaries were not part of the petition that awarded the teachers enhanced pay, and neither were they enjoined after the judgment was delivered.

“The Cabinet secretaries and their principal secretaries have no statutory duty to effect any of the orders sought,” lawyer Bitta explained.

He added that the union had served the Attorney-General’s office with a letter from the union’s lawyers with no penal notice.

The effect of the contempt proceedings, he said, was essentially to execute the contents of the letter rather than to have any formal process served upon the AG and the TSC.

Knut is seeking to have the eight State officers jailed for disobeying court orders directing that teachers be paid a 50-60 per cent pay rise.

The case will be mentioned on Friday for further directions.