Court stops teachers' strike, TSC transfers of union officials

Knut Secretary-General Wilson Session at the Milimani Law Courts on January 2, 2019 for a ruling concerning the teachers' dispute with the TSC. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • Justice Byram Ongaya issued the ruling hours ahead of the industrial action called by the Kenya National Union of Teachers.
  • Knut and TSC officials were ordered to appear before the Labour ministry of conciliator Charles Maranga at 9am on Thursday.

A court has blocked the teachers' strike and stopped the Teachers Service Commission (TSC) from transferring union officials from areas of their election.

Justice Byram Ongaya issued the ruling on Wednesday, the day when the industrial action called by the Kenya National Union of Teachers (Knut) was to start.

TALKS

Talks between the union and the TSC, for the resolution of the dispute over promotions, transfers, performance contracting and professional development modules, have been unsuccessful so far.

On the transfers, Justice Ongaya also asked the TSC to consider appeals by head teachers.

The ruling was not entirely a victory for Knut as the number of union officials is small and the contentious issues it has raised are yet to be concluded.

On Tuesday, Mr Sossion termed the teachers' employer "rogue" and one who acts "in bad faith" after its officials failed to show up for talks. The commission later claimed they were not invited.

They were asked to negotiate in good faith.

REOPENING DATE

Knut representatives told Justice Ongaya that they wanted the schools reopening date pushed from January 3 to Monday.

The TSC and the Labour ministry opposed the application, noting that an order against the strike had already been issued. In addition, the Education ministry pushed the date from January 2 for teachers and students to have extra time to travel.

The two also noted that the school calendar is set by the Education ministry, which is not a party in the case, and that learners are eager to report to school on Thursday.

Earlier on Wednesday, Education Cabinet Secretary Amina Mohamed said schools will reopen on Thursday, despite the threat by Knut, through its Secretary-General Wilson Sossion.

Separately, the TSC asked teachers to report to their stations for the sake of quality learning and parents to take their children back, with the promise that there will be enough teachers.

It added in a statement, however, that, "The TSC has taken the decision to promptly assign teachers in its data base in case of non-attendance by those employed to attend to learners."