Kenyan teachers in new stand-off over pay

L-R KUPPET Akello Misori, KNUT secretary general Wilson Sossion and KNUT treasurer John Matiang’i outside the court after a hearing. PHOTO: GEORGE NJUNGE

NAIROBI: The Government and teachers are headed for another round of confrontation should the latter fail to release the September salaries for the 240,000 tutors.

The two teachers’ unions (Kenya National Union of Teachrs and Kenya Union of Post primary Education Teachers) also demanded the immediate release of union dues and third party deductions to cooperative movements by close of business yesterday.

In a letter to Teachers Service Commission (TSC) chief executive officer Nancy Macharia, Knut has threatened to move to court if the employer fails to comply with the court order.

“We are by this letter demanding that you immediately release the salaries, union dues and third party deductions by close of business on Friday, October 9, failure to which we shall take appropriate legal redress which we are fully instructed to take,” reads the letter from Knut lawyer John Mbaluto.

In the letter dated October 7, Knut accuses TSC of defying a court order by not remitting the September pay and the rest of the deductions.

“Following the judgement of the court delivered on September 25, the teachers in compliance with the court order, resumed their duties. The said orders directed that no victimisation in any way or any adverse step be taken against the teachers for participating in the strike, which was declared protected and legal. You were directed thus to pay full salaries and allowances to the teacher,” reads the letter.

Last weekend, Employment and Labour Relations Court Judge Nelson Abuodha directed the two teachers’ unions to suspend their five-week strike to give dialogue a chance.

“In the interests of the children in public schools and their rights under the Constitution, the court directs the unions to suspend for 90 days, the strike that started on September 1, this year so their members can resume duties immediately,” Justice Abuodha said.

“Either party shall, upon the expiry of the 90 days and failure to conciliate the dispute as directed by this court, be at liberty to declare a trade dispute and exercise of any of their rights as provided in the Constitution,” he directed.

Justice Abuodha ruled that bearing in mind the Government’s fiscal policies and budgetary cycle, the parties engage in conciliation in good faith limited to exploring valuable modalities of implementing the 50-60 per cent pay awarded to teachers by the Labour Court.

Knut secretary general Wilson Sossion yesterday opened another battlefront by presenting an allegation that the Office of the President was behind the recruitment of 70,000 relief teachers.

Sossion said he had “obtained credible information” that TSC has been instructed to ensure the relief teachers are recruited in readiness for the lapse of the three-month deadline issued by the court.

He said the Government was planning for the likelihood of teachers going on strike by January after the lapse of the 90 days.

“After the three months, they know teachers may go back on strike and so they want to make sure these 70,000 teachers are recruited to remain in school when the strike is called,” said Sossion.

In a statement dated September 7, Macharia had said, “All teachers in public schools are Government employees under the payroll of the TSC...they cannot claim protection of employment laws.

“The Commission reiterates that any teacher who continues to participate in an unprotected strike will have definitely exposed himself or herself to disciplinary action, including termination of employment.”

But appearing before the House Committee on Education, Ms Macharia said TSC had suspended the recruitment of teachers pending a court ruling.

Kuppet secretary general Akelo Misori, however, said TSC country directors have been instructed to issue back-dated recruitment letters to raise sufficient numbers.

“The TSC in an effort to beat the ends of justice are backdating the appointment of relief teachers which were stayed by law,” said Misori.

He said 50,000 of the new teachers would be posted to primary schools with the remaining 20,000 set to teach in secondary schools.

Recruitment guidelines sent to county directors shows that secondary teachers would be paid Sh30,000 while those posted to primary schools would take home Sh20,000 per month.

This means that the Government would require Sh1 billion a month for secondary school relief teachers and some Sh600 million for primary schools teachers. Cumulatively, the Government would spend Sh4.8 billion for the three-month contract period.