KNUT, TSC file fresh suits over pay rise, trade blames

The Kenya National Union of Teachers (KNUT) has sued the Teachers’ Service Commission (TSC) and the Ministry of Education for contempt of court after failing to effect the 50-60% pay rise awarded to teachers by the Industrial Court.

KNUT through its lawyer John Mbaluto, maintains that the strike is legal and that teachers will not go back to school until the matter is settled.

KNUT now wants the court to issue a madatory directive to TSC to pay the teachers the pay increment as ruled by the Labour Relations Court.

Teachers argue that since the judgement awarding them the pay increment was made on June 30th, the respodents have completely refused to abide by the same but instead made a public statement that they will not pay.

High Court Judge Monica Mbaru certified the matter as urgent and directed that it be heard on September 31st before Justice Nduma Nderi.

This comes even as the TSC moved to the same High court seeking temporary orders to stop the ongoing teachers strike.

TSC termed the teachers’ strike that officially commenced Wednesday as illegal saying no notice was served to the commission per the law.

In a statement signed by TSC’s head of communications Kihumba Kamotho on behalf of the Chief Executive Officer on Wednesday, the commission said: “Whatever reason given for the strike is still subject to an appeal in the Court of Appeal.”

Reviewing the Supreme Court ruling

The teachers’ employer said that any strike action is unprotected and will be treated as absconding duty.

“Any strike action emanating from the current circumstances is illegal and unprotected,” read the statement that warned teachers participating in the strike that they will face unspecified action.

The statement by TSC comes hours after the Kenya National Union of Teachers (KNUT) announced that the National Executive Council had voted to officially commence the strike on Wednesday despite there being no learning activities in any public school in most parts of the country.

The TSC had moved to the Supreme Court on Tuesday seeking a review of its earlier orders directing that teachers be paid the 50 – 60% pay rise awarded by Industrial Court.

TSC argued that the Supreme Court erred in its ruling to allow teachers to get the pay rise awarded by a lower court.

The teachers’ employer now wants to Supreme Court to reverse its earlier decision and stop the payment of the pay increase.

This comes as the Treasury says it is unable to finance the 50-60% teachers’ pay rise awarded by the court, borrowing to finance recurrent expenditure against Public Finance Act.

According to the Treasury in a letter to the TSC ,the additional requirement for eleven months of the Financial year 2015/2016 will be Ksh. 20.1 billion, an amount that was not budgeted for.