Unions to initiate contempt of court suit against TSC

Teachers plan to initiate contempt of court proceedings against their employer this week for failing to comply with a court order on the 50-60 per cent pay increase.

Lawyer Paul Muite, who represents the teachers, yesterday said the decision was informed by the Teachers Service Commission’s failure to honour the order that they be paid the enhanced salary this month.

“We were still waiting and we had expected that money will be in the teachers’ accounts by close of business (on) August 31.

“This has not happened and so we will file the contempt application,” Mr Muite said.

He lamented that instead of the TSC complying, it had decided to file an application seeking a review of the Supreme Court ruling.

In the application, which was filed yesterday, the TSC argues that the judges of the highest court erred when they declined to stop the payment of the enhanced salary on the grounds that there was no appeal before them.

TSC’s lawyers argue there was a proper appeal before the court. Now, they want to be granted a hearing before the same court to argue the commission’s case.

The latest development is likely to heighten mistrust between teachers’ unions and the TSC, considering that both sides believe they have lawful grounds to support their stand.

The commission had warned the lawyers representing the unions against issuing threats in demanding the salary increase, which was awarded by the Employment and Labour Relations Court and upheld by the Court of Appeal.

In a letter addressed to lawyers for the Kenya National Union of Teachers and the Kenya Union of Post Primary Education Teachers, the lawyers said while it was excusable for teachers to chest-thumb and rejoice in public, the ruling was the subject of a “merited” appeal.

Lawyer Stella Rutto, for the TSC, noted that the unions’ lawyers were aware of how public funds are generated, apportioned and disbursed.

“You are also aware that this process is guided by both the Constitution and the law,” she said.

However, Mr Muite yesterday argued that the TSC had misunderstood notices as threats.

He said unions’ lawyers had only issued notices of instructions they had received from their clients, Knut and Kuppet, that they should proceed to file contempt proceedings if the TSC fails to comply with the ruling by August 31.