TSC wants case on hiring of 70,000 teachers dismissed

TSC Chief Executive Officer Nancy Macharia

The Teachers Service Commission (TSC) has asked the Employment and Labour Relations Court to dismiss the case seeking to block recruitment of 70, 000 relief teachers.

The commission through its lawyer Fred Ngatia argued that the Constitution had given it power to recruit new teachers and that it could not be taken away by litigation before the Labour Court.

TSC asked Labour Court judge Nzioki wa Makau Monday to disregard the arguments by Trade Union Congress of Kenya, adding it did not have any legal backing to file any case on behalf of the 280,000 teachers.

“The respondent (TSC) has a right to recruit and employ registered teachers as conferred in article 237 of the Constitution and it’s not subject and to the control of the applicant,” the court heard.

The Government had earlier started recruiting 70,000 teachers on contract basis. However, the Labour Court temporarily stopped the exercise until the case is heard and determined.

TSC Chief Executive Officer Nancy Macharia had stated that 50,000 teachers were to be posted to primary schools and the other 20,000 to secondary schools to stand in for teachers who were on strike.The teachers were to be hired on a three-month contract and would thereafter be considered on priority basis for employment on permanent terms when vacancies arise.

TSC Monday told the court that the relief teachers were meant to address staff shortage. “The respondents’ intention to recruit and employ registered teachers for a period of two to three months is to elevate a specific shortage and should not be obstructed,” said Ngatia.

He disputed that the stand-off between the commission and the two giant teachers unions was the reason the tutors were being hired on a short-term contract.

TSC also got a backing from Kenya National Association of Parents, which asked the court to allow it to participate in the case as an interested party. The case will be mentioned on October 29.