Court orders TSC to stick to consent orders

The Industrial Court has declined to review orders compelling the Teachers' Service Commission to present its memorandum in the ongoing pay dispute with teachers' unions.

Justice Nduma Nderi Monday declined to suspend the consent orders issued on January 14 and directed TSC to file its response by Wednesday.

TSC was expected to file its response to teachers' demands by Monday.

However, last Friday the commission moved to court, claiming the Industrial Court lacked the jurisdiction to exclusively hear a salary dispute involving public officials.

The commission filed an urgent application seeking to suspend the orders that called off the teachers' two-week strike.

"The court orders, if implemented, will further occasion a miscarriage of justice to non-parties who are directly affected by the said orders, including the ministries of Education, Labour and National Treasury," contends TSC.

TSC, through its lawyer Allan Stima, requested for more time, saying the issues raised by the Kenya National Union of Teachers (Knut) and Kenya Union of Post-Primary Education Teachers (Kuppet) were weighty.

Justice Nderi ruled that all parties in the economic dispute must fully comply with the consent orders pending the hearing and determination of the dispute.

"This matter is still in the hands of Kuppet, Knut and TSC until the court writes its judgment but should the parties agree on the contentious issues raised, nothing will stop the parties involved from entering an agreement before the dispute is heard in court," Justice Nderi ruled.

The judge said TSC, the Salaries Remuneration Commission (SRC) and Central Planning and Monitoring Unit (CPMU) were at liberty to file their submissions, after which the court will arbitrate the process.

"If all the parties agree to sit down and arbitrate over the matter, will shall not be experiencing the endless strikes this country has been subjected to in the past," Justice Nderi said.

He directed TSC to file its response by tomorrow while SRC is expected to respond by February 9. CPMU was directed to analyse the unions' joint memorandum and the submissions by TSC and SRC and file its response on or before February 23.

Justice Nderi said it is after CPMU responds that the court will fix a hearing date.

"If in the course of engagement with CPMU the parties arrive at a consensus, then we do not need to go into full hearing since parties can go ahead and implement what has been agreed on," the judge said.