Salaries commission failed to advise on teachers pay hike, say unions in court

Salaries and Remuneration Commission Chair Sarah Serem

The Salaries and Remuneration Commission (SRC) never gave its advice on the proposal to increase teachers’ salaries by 50-60 per cent, the Court of Appeal has been told.

Lawyers for the Kenya National Union of Teachers (Knut) and Kenya Post Primary Education Teachers (Kuppet) argued the SRC only gave a recommendation that the Teachers Service Commission carry out a job evaluation, but remained silent on if the proposal for increased salary was viable.

Union lawyers Paul Muite, John Mbaluto, Hillary Sigei and Kioko Kilukumi, in their separate submissions, told the appellate court that the role of the Sarah Serem-led commission in the pay negotiations was not binding and thus could as well be disregarded.

Justices Festus Azangalala, Philomena Mwilu, Erastus Githinji, Martha Koome and Otieno Odek heard that if the commission’s advice would be binding, then it would have taken up the role of an employer, which is allegedly against the Constitution.

The lawyers submitted that the commission did not produce any evidence to back its claim that the teachers’ pay would cripple the economy.

“A teacher paid Sh16,000 is buying the same bread bought by a Cabinet secretary who is paid Sh1 million, though the CS is earning 100 times more.

This commission should look at the areas that are taking up the lion's share of the wage bill instead of being biased to those who are earning nothing,” the court heard.

The case continues on October 6.

And, teachers have challenged their employer to comply with court orders and pay their September salaries.

With teachers having resumed duty as directed by the court Monday, the unions are now up in arms over the pay.

Knut and Kuppet yesterday warned that there will be unspecified action if TSC does not pay the salaries as well as remit union dues, which are usually deducted from teachers’ salaries as monthly contributions to their respective unions.

Knut Secretary General Wilson Sossion said TSC should not expect teachers who have not earned anything to go to class and teach. “We have complied and expect them to act in good faith and pay the teachers. Court orders cannot be applied selectively,” said Mr Sossion.

Kuppet Secretary General Akello Misori said: “This (payment) was a court order and I cannot pre-empt what will happen if they don’t pay.

We expect money to be in the teachers’ accounts by the close of business today failure to which we shall plan the next course of action.”

Efforts to get comments from the teachers' employer on the matter were futile.