Trouble is brewing in the education sector after the teachers' employer flatly rejected talks with unions to kick-start payment of the hefty salary raise awarded by the Industrial Court.
In a candid letter to Kenya National Union of Teachers (KNUT), the Teachers Service Commission (TSC) ruled out talks on teachers’ basic salary and said it will challenge the court decision.
The letter dated July 7, 2015, confirms TSC has given notice to appeal the judgment that would see the commission part with some Sh51 billion to honour deal.
"Please note that the commission is dissatisfied with the judgment of the court delivered on June 30, 2015, and has subsequently lodged an appeal at the Court of Appeal. A notice of appeal to that effect has been served upon your advocates on record," reads the letter signed by TSC Chief Executive Officer Nancy Macharia.
The letter says no talks would be feasible on the contentious basic salary, as the matter is now in court.
"To this end, please note that the commission is unable to conclude Collective Bargaining Agreement (CBA) incorporating an award of basic salary," reads the letter.
This means that the teachers will now have to wait until the court of appeal decides to get the arrears that were backdated to July 2013.
Kenya National Union of Teachers Secretary General Wilson Sossion had written a letter demanding an urgent meeting to lay ground for signing of the CBA.
"Following the court's judgment delivered on June 30, 2015, where it directed that parties convene and negotiate towards signing and filing in court a CBA within 30 days of the judgment, we hereby write to demand that the committee meeting be convened in the next five days from the date of this letter," reads the letter dated July 3, 2015, and signed by Sossion.
Delaying tactics
And yesterday, Sossion said KNUTis aware of the 'delaying tactics' being used by TSC to deny teachers their genuine salary award.
"They have only given notice for an appeal. We know they want to delay appealing the case until the 30 days given by the court elapses to make it difficult for us to go on strike. Let them be warned that we are aware," said Sossion.
He said Knut is also aware that no payment can be made to teachers until a comprehensive CBA is signed between TSC and the union.