Court orders TSC to file pay proposal for teachers by Wednesday

Justice Nduma Nderi reads resolutions on the teachers' pay dispute at the Industrial Court on January 14, 2015. The court has ordered TSC to file its pay proposal by Wednesday. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • Kuppet opposed an application filed by TSC on Friday challenging the Industrial Court’s jurisdiction to handle the teachers’ pay dispute.
  • The union told Industrial Court Judge Nduma Nderi that the appeal is an abuse of the court process in view of the fact that TSC alleges that the court lacks jurisdiction to determine the matter.
  • TSC had in its application claimed that the court lacked jurisdiction to determine the pay dispute saying that the matter was a preserve of the SRC.
  • Teachers went on strike on January 5 after talks between their unions and the government hit a wall.

An attempt by the Teachers Service Commission to block the presentation of their memorandum in the ongoing pay dispute with teachers' unions suffered a setback after the court directed the commission to file its proposal by Wednesday.

The Kenya Union of Post-Primary Education Teachers (Kuppet) opposed an application filed by TSC on Friday challenging the Industrial Court’s jurisdiction to handle the teachers’ pay dispute.

Kuppet, through lawyer Judith Busera, told Industrial Court Judge Nduma Nderi that the appeal was an abuse of the court process in view of the fact that TSC alleges that the court lacks jurisdiction to determine the matter.

Ms Busera said the application was a demonstration of TSC’s persistent mistreatment of teachers who are members of Kuppet and the Kenya National Union of Teachers (Knut).

She said it amounted to a stab in the back for teachers who have already resumed duty following consent orders issued on January 14.

“The application is a testimony of the high-handedness with which TSC is treating teachers”, the lawyer argued.

TSC was directed to present its memorandum by Wednesday.

The teachers’ employer had in its application claimed that the court lacked jurisdiction to determine the pay dispute, saying that the matter was a preserve of the Salaries and Remuneration Commission (SRC).

HEAR JOINT APPLICATIONS

The court, however, said the application by TSC and the initial one relating to the pay dispute will be heard jointly.

The case will be mentioned on February 23.

On January 19, the two teachers’ unions filed a joint memorandum on the pay dispute claim as directed by Justice Nderi.

Knut and Kuppet indicated their proposed salary increments, allowances review and other benefits for teachers in the country.

In the proposed increment, the lowest-paid teacher at Job Group G would earn a maximum of Sh68,355, up from Sh24,304, while the highest-paid in Job Group R would take home a monthly pay of Sh321,705, up from Sh120,270.

The two unions also proposed the creation of job groups S and T, which would attract pay of Sh348,705 and Sh383,705, respectively.

Teachers went on strike on January 5 after talks between their unions and the government hit a wall.

Previous talks between a government team led by Education Cabinet Secretary Jacob Kaimenyi and his Labour counterpart Kazungu Kambi collapsed when they failed to table an offer to increase the basic pay.