TSC seeks to quit teachers pay rise case at Supreme Court
Kenya Union of Post Primary Teachers Nakuru branch members protest on September 7, 2015 at Railways as the teachers' strike entered its second week. PHOTO | SULEIMAN MBATIAH | NATION MEDIA GROUP.
What you need to know:
- The Supreme Court last month declined to stop Court of Appeal orders requiring the TSC to pay a 50 to 60 per cent pay rise to teachers, saying the commission had not filed an appeal before it.
- However, the TSC returned to court seeking a review of the ruling, claiming it was arrived at based on a wrong assumption.
- TSC said it had filed a notice of appeal on July 27.
The teachers' employer has written to the Supreme Court seeking to withdraw its application challenging a recent ruling on teachers’ salary raise.
The Teachers Service Commission says two different orders issued by the top court in the land last week have made it clear that the court does not intend to allow the hearing of the application.
In one of the orders dated September 2, the court directed the TSC, the Kenyan National Union of Teachers and the Kenya Union of Post Primary Education Teachers to appear before the registrar on September 9 to take a hearing date.
In another order on the same day, the court directed the parties to file submissions within seven days and on the basis of the submissions, it would make appropriate orders.
WRONG ASSUMPTION
“By issuing the second order, the court has demonstrated to our client its intention to obstruct a hearing of the motion. Given the circumstances, it would be pointless to proceed with the motion,” the TSC argues through lawyer Stella Rutto.
The Supreme Court last month declined to stop Court of Appeal orders requiring the TSC to pay a 50 to 60 per cent pay rise to teachers, saying the commission had not filed an appeal before it.
However, the TSC returned to court seeking a review of the ruling, claiming it was arrived at based on a wrong assumption.
The TSC said it had filed a notice of appeal on July 27 and petition of appeal on August 12.
INTERIM ORDERS
The commission, therefore, urged the court to stop the implementation of the 50-60 per cent pay increase until its application seeking a review of the ruling is determined.
“Consequently, there is an error apparent on the face of the record and it was on the basis of the error that the motion was disallowed,” Ms Rutto had said in the application the TSC is now seeking to withdraw.
Since both a notice of appeal and a petition of appeal had been filed and served on all the parties, she argued, it is just that the error be rectified by the court.
“It is, therefore, necessary that interim orders be issued so that no miscarriage of justice arises and to ensure that the constitutional issues raised are not rendered nugatory,” she had stated.
