Teachers will not get a pay rise despite court ruling, TSC

The Teachers Service Commission (TSC) has said it will appeal the Industrial Court decision awarding teachers a 50 – 60% pay rise.

TSC wants the teachers to go through a salary review just like any other public servant before their pay is reviewed.

The teachers’employer says it cannot afford the cost as the increment would cost an additional Ksh 70 billion.

In a statement read by TSC chair Lydia Nzomo, the body says it will not offer any percentage until the job evaluation exercise, which has been rolled out, is completed.

Employment and Labour Relations Court ordered the government to give teachers a basic salary increment of 50 – 60% from July 1st 2013 to 30th June, 2017 effective immediately.

The court ruled that the teachers would get a pay rise without a salary review by the Salaries and Remuneration Commission (SRC).

Delivering the ruling on Tuesday, Justice Nduma Nderi observed that the last teachers’ salary review was in 2009 and are not at par with those of other civil servants.

Justice Nderi also ruled that SRC has no mandate determining teachers’ salaries, saying teachers’ salary review should only be done by the Teachers Service Commission (TSC).

In her ruling, Employment and Labour Relations Court Judge Nduma Nderi said though funding for TSC Secretariat increased from 1.7 billion to 3.3 billion from 2007 to 2013, teachers’ salaries have not reflected the adjustments.

Education Cabinet Secretary Prof Jacob Kaimenyi raised concern that the state of the economy cannot allow for the implementation of the teachers pay rise as ordered by the Employment and Labour Relations Court.

Kaimenyi, however, said that the government will study the court ruling before deciding whether to appeal or implement the orders.

Early Wednesday, the Kenya Union of Post Primary Educations Teachers (KUPPET) warned Prof Kaimenyi against appealing the court ruling made on Tuesday awarding teachers a 50 – 60% pay rise.

KUPPET chair Omboko Milemba and his deputy Julius Korir said any attempt by Kaimenyi to appeal the decision will face serious repulsion.