46,000 Junior Secondary School (JSS Teachers) who are pushing the Teachers Service Commission (TSC) to employ them on permanent and pensionable terms suffered a blow after the Court of Appeal rescinded a lower Court’s decision on the matter.
Justices Asike Makhandia, Sankale Ole Kantai, and Ngenye Macharia suspended a previous order from the Employment and Labour Relations Court (ELRC) that mandated the TSC to convert the internships into permanent positions.
The ruling means that the intern teachers must continue in their current roles until the appeal filed by the Dr. Nancy Macharia-led commission is heard and determined.
Notably, this came a day after TSC terminated the contracts of 742 JSS Teachers on grounds of professional misconduct.
In letters sent to the affected teachers, TSC indicated that the intern teachers failed to either provide a satisfactory response with some reportedly choosing to not respond to show cause letters sent last month.
TSC to JSS Teachers
The letters further explained that the move to participate in the strike amounted to professional misconduct by deserting duty from May 13 to June 6 while engaged as an intern teacher.
TSC had argued that complying with the ELRC order would disrupt its operations, as the necessary funds for hiring the interns on permanent terms were not allocated in the budget.
“The rights of all learners in public schools underpinned under Articles 43 and 53 of the Constitution are on the verge of being violated as the Commission has no financial resources to on-board the 46,000 on permanent and pensionable terms and conditions,” stated TSC lawyer Allan Sitima.
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TSC claimed that the intern teachers were bound by their contracts, which they had signed willingly, with the understanding that permanent employment could be considered next year.
They asserted that if their appeal is successful, the cases become moot as new contracts would be issued.
Court Ruling on the Conflict
Justice Byrum Ongaya initially declared the interns’ contracts illegal, directing that their employment status should remain unchanged until the matter is resolved.
He gave TSC a three-month grace period to either seek intervention from a higher court or comply with the order to make the teachers permanent.
In response to the appeal court’s suspension of the ELRC’s orders, the Kenya Junior Secondary School Teachers Association (KeJUSTA) advised members to be patient.
KeJUSTA Secretary General Daniel Murithi cautioned against misinterpreting the term “status quo” used in the judgment.
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TSC argued that enforcing the judgment would interfere with its plans to hire the interns permanently in 2025. Justice Ongaya emphasized that maintaining the status quo was in the interest of justice until a resolution or further application to the Court of Appeal.
President Ruto on Teachers Internship
President William Ruto had announced an extension of the internship program for another year before considering permanent employment, contrary to the initial one-year plan.
Interns expressed grievances over being overworked and underpaid, with some teaching multiple subjects beyond their contractual obligations.
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