KNUT loses case to disqualify Court of Appeal judges

The Court of Appeal has rejected a bid by teachers’ union KNUT to have three judges disqualified from hearing an appeal by the Teachers Service Commission (TSC) against the teachers 50 to 60 per cent pay hike.

The TSC case will now be heard by a five-judge bench, including appellate judges Erastus Githinji, Festus Azangalala and Philomena Mwilu who KNUT accused of not being independent.

Attorney General Githu Muigai and TSC lawyer Fred Ngatia had refuted the claims by KNUT, saying the appellate judges had done nothing to warrant replacement.

The case by TSC challenging the teachers’ pay award by the court is currently being heard by the five-judge bench.

The refusal by the government to pay the teachers the 50-60 per cent led to a month-long teachers’ strike that saw students sent home.

On Monday, teachers ruled out any possibility of returning to work until Thursday this week, when a case filed by their employer the Teachers Service Commission (TSC) is heard and determined.

The case, which was set to be heard at the Employment and Labour Relations Court on Monday was postponed to Thursday after the presiding Judge, Joram Abuodha, took ill.

In the petition, TSC sought to oppose the 50 to 60 per cent increment awarded to teachers by the same court in June this year, dating back to July 2013.

In a press briefing on Monday, the teachers unions, Kenya National Union of Teachers (KNUT) and Kenya Union of Post Primary Education Teachers (KUPPET), have instructed teachers not to report to work pending the hearing of the petition.

Earlier, the unions were held up in separate consultative meetings to discuss the way forward in handling the strike, which entered its fifth week on Monday.

On Monday, teachers in various parts of the country made true their resilience to stay put despite government directive calling on them to report to work.

A spot check by Citizen TV revealed that most schools in Nairobi remained closed despite the government releasing new dates for opening schools set to start on September 28th.

In its ruling on Friday, the Employment and Labour Relations Court had called on teachers to suspend the strike for 90 days and allow for dialogue between KNUT, Kuppet and TSC.

Judge Abuodha had ordered TSC and the Labour Cabinet Secretary to appoint an independent conciliator in 30 days to resolve the teachers’ salary increment dispute within 90 days.

The Court further warned the TSC against victimising teachers who have been taking part in strike, saying their salaries should be paid in full.