Ministry resorts to out-of-court deal in intern row

By Sam Otieno

The Ministry of Education has resolved to settle the teacher recruitment stalemate out of court.

Education PS Karega Mutahi has written to Attorney-General Amos Wako for advice on the move.

The bone of contention was the hiring of teachers as interns, which the Kenya Union of Post Primary Education Teachers (Kuppet) and the Kenya National Union of Teachers (Knut) contested.

The unions want the Sh1.6 billion set aside for the exercise to be channelled to the Teachers Service Commission (TSC) to hire teachers on permanent and pensionable terms.

Kuppet and Knut moved to court two months ago and successfully stopped the Ministry of Education from hiring intern teachers.

And in a letter dated January 15, Prof Karega tells Wako: "My view is that they (trade unions) should withdraw the respective cases they have filed in court to facilitate an off-court settlement."

The PS, through Mrs J M Okungu, asked that a meeting between the ministry, AG’s office, TSC and the two teachers’ unions be convened to chart the way forward.

The two unions argue that only TSC had the legal mandate to employ teachers. The Treasury allocated Sh1.3 billion for hiring primary school teachers and Sh343 million for secondary schools due to a shortfall of about 64,000 teachers.

On Wednesday, Kuppet Secretary General Njeru Kanyamba welcomed the move saying that was the way forward.

Money transferred

Kuppet and Knut petitioned Prime Minister Raila Odinga to convene a stakeholders’ meeting to reach an out-of-court settlement of the issue.

Knut Secretary-General Lawrence Majali said: "We have trust the PM is speaking for the Government. We will withdraw all cases on condition that the money is transferred to the TSC immediately".

But the PM said the move would be effected on condition all teachers’ welfare unions that have cases in court against the Government withdraw them.

"The Government is ready to give Sh1.6 billion for employment of interns by the Ministry of Education to TSC to carry out its mandate. However, we will release the funds only if all cases filed by Knut and Kuppet are withdrawn," said the PM at the Knut meeting at Kasarani, Nairobi, last December.

Karega indicated that the ministry consented to the proposal.

"At a meeting held with stakeholders at the Kenya Institute of Education, and another held earlier with the PM, there have been proposals that this matter be settled out of court and aggrieved parties appear to be amenable to this proposal," said Karega.

TSC CEO Gabriel Lengoiboni also welcomed the PM’s announcement, saying the commission was ready to implement the new directive.