Teachers unions: President Uhuru Kenyatta’s statement on pay interfering with case

From left: Lawyers Pheroze Nowrojee for SRC, Fred Ngatia representing TSC and Attorney General Githu Muigai at the Supreme Court during the hearing of the teachers' case, Tuesday. [PHOTO: GEORGE NJUNGE/STANDARD]

NAIROBI: President Uhuru Kenyatta's address to the nation articulating why the Government cannot grant teachers a pay rise was the subject of heated debate at the ongoing case in the Court of Appeal.

For close to three hours Tuesday, lawyers representing the Kenya National Union of Teachers, Kenya Union of Post Primary Education Teachers and the State argued on whether the President's statement was intended to influence the court in any way.

Union lawyers Ahmednasir Abdullahi, Paul Muite and Kioko Kilukumi contended Uhuru's address was directed to the court and thus there was little or no chance of an independent verdict on the contested 50-60 per cent pay hike.

They pressed for an adjournment of the case and further sought the number of judges hearing the case to be increased, citing the apparent interference by the Executive they argued is keen to influence the outcome.

And justices Erastus Githinji, Philomena Mwilu and Festus Azangalala adjourned the case to Tuesday next week in order to allow the President of the Court of Appeal to appoint a five-judge bench to hear it.

"Being the case cannot be heard today due to time and the application to have a five-judge bench, we have reluctantly considered to adjourn the case to September 29," the judges ruled.

Justice Githinji assured the unions that the Judiciary would remain independent.

The court was prompted to give an assurance because the unions protested that the President, who ruled out a pay rise for teachers, had already passed a verdict on the case.

The court sat at 10am but a bench composed of Justices Jamilla Mohamed, Mohamed Warsame and Sankale ole Kantai, which had  initially ordered the Teachers Service Commission (TSC) to pay the 50-60 per cent pay rise as it argued its case, had been changed.

Instead, Tuesday it was the judges who heard submissions from the parties in the TSC appeal against the judgment by the Industrial and Labour Relations Court that awarded the pay rise, that sat.

Muite and Kilukumi asked the court to allow the application for dismissal of the entire appeal on the basis of defaulting court orders. "We should allow the application to be heard first and then the respondents argue their case in response," Muite submitted.

DELAY TACTIC

The argument drew strong opposition from Attorney General Githu Muigai, Salaries and Remuneration Commission lawyer Pheroze Nowrojee and TSC's Fred Ngatia who told the court that the move would drag the case.

The court adjourned for 15 minutes after which it ruled that in agreement with the State the case will be heard as a whole and a final verdict issued. But the unions said they wanted to consider the impact of the President's speech in relation to that ruling and whether they would consider pulling out of the case or have a bench of five to seven judges constituted to hear the case.

President Kenyatta in a state address on Sunday had indicated that the court's directive would further balloon the wage bill if complied with. The unions also said Deputy President William Ruto had interfered with justice.

"My clients want to know if we will participate in the proceedings or not. So much has happened in the last two weeks which has an impact on this case," Ahmednasir argued.

The AG in response said this was a delay tactic employed by the teachers and the President had an equal right, just as union officials did, to address the country on the pay stalemate.

"How come if the court rules in favour of one  side, it  then  becomes honourable and when it rules against one, the parties seek adjournment to consider participation?" he asked adding that the President had indicated that the State was ready to comply with the court orders.

The unions are maintaining that the State cannot be heard by the court until the award has been paid.