Union officials celebrate after the Court of Appeal ordered the Teachers Service Commission to increase teachers’ salaries by 50-60 per cent on July 23, 2015. PHOTO | JEFF ANGOTE
The Teachers Service Commission (TSC) has moved to the Supreme Court to challenge the implementation of the hefty salary increments to teachers 11 days after it lost an appeal.
In the appeal filed under a certificate of urgency, TSC is seeking a stay of execution of the orders granted by Appeal judges Mohammed Warsame, Jamila Mohammed and Sankale ole Kantai.
On Tuesday, the TSC asked the Supreme Court to intervene and correct constitutional breaches allegedly committed by both the Court of Appeal and the Education Labour Relations Council.
“Unless the execution and implementation of the award is stayed it will be a precedent for continued misinterpretation of various articles of the Constitution,” TSC said.
In their ruling, the three-judge bench required TSC to implement its order immediately and directed it to file its appeal within seven days.
However, judges Warsame, Mohammed and ole Kantai stayed the payment of salary arrears awarded to teachers between July 1, 2013 and July 30 this year.
TSC says the order of the appellate court translates that some Sh17 billion must be sought to pay the teachers.
The employer of the more than 200,000 primary and secondary school teachers says that court order has increased the wage bill to Sh73 billion, which it claims it cannot raise.
The judges fixed the appeal to be heard on September 22.
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