Plan to move teachers to public service stopped

The High Court in Nairobi has put on hold plans by the government to place close to 4,000 teachers under the employment of the Public Service Commission.

The move, according to a teachers union, would have seen them lose their benefits.

The Kenya Union of Post Primary Education (Kuppet) had gone to court to fight the plan to transfer over 3,780 teachers, tutors and lecturers in technical and vocational training institutions, who are employed by Teachers Service Commission, to the PSB.

Those affected are teachers and tutors in national polytechnics, technical institutes and vocational institutes.

TRANSFERS

On Wednesday, five teachers and tutors obtained a conservatory order stopping the TSC from transferring them. Justice Onesmus Makau ordered the teachers' employer not to effect the transfers or remove them from their payroll.

“That conservatory order is hereby granted barring the respondents from transferring services of the petitioner from TSC to Public Service Commission or removing the petitioners from the TSC payroll until notice of motion is heard,” Justice Makau said.

In their petition, the teachers termed their transfer as illegal and against their employment agreement. Kuppet had also filed a separate case in court seeking to have the plan to transfer of the 3,780 tutors halted.

Kuppet Secretary-General Akelo Misori said teachers stand to lose their benefits if they will be transferred. “The TSC flouted the employment act and transferring them to the PSB will be against their rights,” said Mr Misori.

CONTRACT

According to Kuppet, the plan to transfer technical and vocational training teachers was finalised without official communication to the union and to the teachers.

“The affected teachers are our members and are currently enjoying negotiated benefits from TSC, transferring will affect the benefits which we have tirelessly fought for,” Mr Misori said.

He said that the TVET teachers sought employment of TSC and they were incorporated in the payroll.

The teachers were employed under terms and conditions of employment specific to the TSC and not PSB, he said, adding that the relationship between the TSC and the affected teachers is governed by legislation under the Employment Act, which gives them responsibilities to the employer.

Mr Misori said that transferring the teachers amounts to terminating the teachers terms of employment with TSC, resulting to loss of benefits and downgrading of their terms of service without their express permission.