Top court to rule on teachers’ pay on Monday

More than 288,000 teachers will on Monday morning be holding their breath as the Supreme Court decides whether they will get the 50 to 60 per cent salary increase that was awarded to them by a lower court in June.

On Sunday, teachers said they were hoping for the best, adding that their next course of action would be dictated by the ruling.

Supreme Court judges Willy Mutunga, Kalpana Rawal, Jackton Ojwang, Mohamed Ibrahim and Dr Smokin Wanjala will make a decision after the Teachers Service Commission (TSC) moved to the top court to contest a Court of Appeal decision to uphold the award.

It also emerged that the TSC had paid the teachers their August salaries by Friday.

TURNED TO PRAYER

Kenya National Union of Teachers Secretary-General Wilson Sossion said they had done their best and it was up to the court to decide.

“It’s the ruling that will determine what we will do next,” said Mr Sossion.

He said it was sad that the TSC had applied for a stay order only to rush and pay salaries ahead of the ruling.

For its part, the Kenya Union of Post Primary Education Teachers (Kuppet) turned to prayer at St Stephen’s Anglican Church on Jogoo Road for a favourable ruling.

Kuppet Secretary-General Akelo Misori said he was optimistic that the Supreme Court would uphold the pay increase.

“The government has a lot of money. It wants to bail out troubled Kenya Airways and Mumias Sugar Company but does not want to pay teachers, who have made a contribution to the country,” said Mr Misori.

He said the salary increase is a fundamental right for the teachers and cannot be debated.

SUPPLEMENTARY BUDGET

The TSC says it will require Sh17 billion a year to effect the increase, which it argues is unsustainable.

Last week, the National Assembly’s Education Committee sought 14 days to find a solution, including seeking a supplementary budget to pay the teachers.

“We should exploit all avenues in resolving this stalemate and we need the two weeks to engage with the National Treasury, Ministry of Education, TSC and the Budget committee to see the way forward,” said committee chairman Sabina Chege.

However, National Treasury Cabinet Secretary Henry Rotich has ruled out a supplementary budget, warning it would affect other sectors of the economy.

“It’s less than two months since we prepared the budget estimates and therefore cannot talk of a supplementary budget at this time,” said Mr Rotich.

In the Supreme Court, the TSC told the five judges that the Labour Court had violated the Constitution by failing to recognise that the salaries of public servants are regulated by the salaries commission, not the court.

On Sunday, Kuppet said it would head back to court on Monday to sue the TSC for failing to heed an order to pay the new salaries.

PROCESSED PAY

Union officials said the TSC had processed the August salaries but did not factor in the 50-60 per cent pay increase awarded by the Labour Court.

“The TSC hurriedly and suspiciously processed teachers’ August salaries. As I talk now, the salaries are in the bank, something that is very unique. This is a commission that we fight every day over delays in teachers’ salaries. Do not think they are being nice to the teachers by paying them early; they’re trying to circumvent the law,” said Kuppet chairman Omboko Milemba.

Mr Milemba went on: “The early release of salaries is a malicious ploy so that if tomorrow (today) teachers get the award, they will say this has been overtaken by circumstances ... that they have already paid teachers.”