Teachers, TSC gear up for fresh clash

Knut chairman Mudzo Nzili (left) and secretary-general Wilson Sossion lead a meeting at the headquarters on February 28, 2017. Knut and TSC were in 2015 embroiled in a long standing dispute over 50 to 60 per cent salary increase. PHOTO | ANTHONY OMUYA | NATION MEDIA GROUP

What you need to know:

  • The commission is also questioning the decision to force it to pay teachers who were on strike their full salaries.
  • In November 2015, President Kenyatta asked all parties to withdraw all their cases pending in court to allow fresh negotiations.

Teachers and their employer are headed back to the Court of Appeal for the start of the hearing of a case emanating from the 2015 strike.

This is despite the two parties having signed two collective bargaining agreements in July and October last year, which were the source of the conflict.

The case is an attempt by the Teachers Service Commission to rectify what it perceives as a shortcoming in the September 2015 judgment by Justice Nelson Abuodha.

The case has been set for hearing on May 22.

According to the commission, the judge erred by not appreciating that the strike, which had been called by the teachers' unions, had been found unprotected in the same suit that was before him.

“The learned judge erred in law and in fact in declining to declare the strike unprotected in the circumstances of the dispute that was before him,” states the memorandum of appeal.

WITHDRAW CASE
The commission is also questioning the decision to force it to pay teachers who were on strike their full salaries.

Knut has demanded that the commission withdraws the case saying it had obeyed a directive by President Uhuru Kenyatta last year and withdrew all their cases from court to allow for fresh negotiations.

Knut and the commission had been embroiled in a long standing dispute over 50 to 60 per cent salary increase for teachers for many years.

According to Secretary-General Wilson Sossion, the TSC, which is a government body, could not have filed the appeal without advice from Attorney General Githu Muigai.

“Mr Muigai should explain to teachers why he advised the TSC to appeal and allow the case to remain in court,” said Mr Sossion.

While meeting the teachers and the TSC officials in November 2015, President Kenyatta asked all parties to withdraw all their cases pending in court to allow fresh negotiations.

COURT DATE
Knut and TSC were then embroiled in a long standing dispute over 50 to 60 per cent salary increase for teachers for many years.

Following the President’s directive, the parties withdrew their cases and entered into new negotiations.

The negotiations saw teachers sign two CBAs.

“Take notice that this application will be heard on May 22 at 9am in the forenoon or so soon thereafter as may be convenient, and that if any party shall fail to appear, whether in person or by advocate or by some other person authorized by law to appear on his behalf, the appeal may be heard and determined in his absence,” said the notice of hearing.