The case pitting the Teachers Service Commission against the Kenya National Union of Teachers over promotions, transfers and union membership will be heard on Monday.
The two parties appeared before Labour court judge Bryam Ongaya Thursday and TSC was asked to give copies of the case documents to Knut before the day ends.
The judge also asked Knut to file a response to the case before July 22.
Last week, teachers scored a huge victory after the Labour court set aside new career progression rules to guide their promotions, ruling that such upgrades cannot be based on existing vacancies alone.
But TSC considered the dispute not yet settled.
In a new suit filed in court against Knut, TSC wants the decision made Friday last week temporarily suspended.
“TSC herein is aggrieved by the judgment and is reasonably apprehensive that unless orders of stay of execution are immediately granted, the applicant shall be completely paralyzed in executing its mandate under the constitution,” said TSC’s Chief Executive Officer Nancy Macharia.
TSC now claims that suspending the performance management tools is an affront of public interest as it makes employed teachers not to be accountable in exercising their duty.
The commission argues that this violates the constitution and the Public Finance Management Act which requires prudent use of public funds as well as affects the right to education.
TSC also feels that the judge was misguided to suspend Teachers Training Development Programme (TPD) module since there are relevant regulations for its implementation as per the TSC Act.
According to TSC, the suspension will now affect the roll out of the programme, incur financial losses and breach of contract.
On promotions TSC argues that if its promotes all unionisable teachers eligible to join Knut in accordance with the schemes of service, the gains of the teachers CBA if implemented will be crippled owing to the quashing of the career progression guidelines.
TSC also claims that it will now be forced to revert teachers to their grades and that promotions shall continue to remain in abeyance until after July 2020.
TSC further claims that school heads who have been promoted to administrative positions based on the career guidelines risk being demoted.
In the ruling on Friday, justice Byram Ongaya noted that the modules were formed without proper regulations as required by law.
For this reason, he directed the commission to convene a meeting to finalise performance measurement tools by December 1 ahead of a roll-out in January 2020.
On the transfers of teachers, the court ruled that the TSC should carry on but said the process has to be in line with regulations.
Justice Ongaya also said school heads and principals, as institutional administrators, are unionisable employees so they can be elected as trade union officials.
He further said that these school heads are also liable for transfers in their areas and that Knut is entitled to participate in such matters.
The court declared the promotion of teachers the responsibility of the TSC but said both the commissions and the union should review the scheme of service.
The verdicts granted victory to teachers on matters to do with career progression.
TSC intends to take the case to the Court of Appeal and it has already filed a notice regarding the matter.