Knut seeks CJ’s direction on ruling shelving teachers’ strike for 90 days

KNUT secretary general Wilson Sossion (right) with KNUT chairman Mudzo Nzili

Teachers want the chief justice to give directions over a ruling that suspended their strike for 90 days.

Through lawyer Paul Muite, Kenya National Union of Teachers (Knut) has written to Chief Justice Willy Mutunga to set a date for the appeal of the matter, saying it was of great public interest.

Justice Nelson Abuodha issued the Employment and Labour Relations judgement.

While ordering teachers to go back to class, Justice Abuodha in his judgement of September 25, last year, suspended the industrial for 90 days and instructed the Labour Cabinet secretary, teachers' unions and Teachers Service Commission (TSC) to form a conciliatory committee within 30 days in order to find modalities of paying the tutors.

Abuodha added that if the reconciliation talks failed within the 90 days, teachers could proceed to lodge a trade dispute.

WITHIN RIGHTS

In his letter to the CJ, Mr Muite said in terms of the judgement, the teachers were within their rights under Article 41 of the Constitution to resume their nationwide strike in furtherance of their right to fair remuneration.

"I write to you in your capacity as the head of Judiciary to make appropriate directions envisaged in Article 159 of the Constitution," the letter reads in part.

Knut argued that in the interest of children and their parents, it would want the matter resolved amicably through the court to avert a strike which would undoubtedly disrupt education in the country.

Last year, learning in public schools across the country was paralysed for eight weeks after teachers downed their tools, demanding salary hikes and better working conditions.

The union has also written to Labour Cabinet Secretary Phyllis Kandie to instruct TSC to immediately remit deductions for October, November and December and to effect future deductions and remission without any delay or failure.

Knut depends on the dues which are its lifeline to run its national office and its 110 branches countrywide.

Alternatively, the teachers have proposed that Ms Kandie should immediately appoint a conciliator on the issue of union dues.