In the application filed at the Court of Appeal Friday, the commission said that Justice Nelson Abuodha of the Labour Court erred in law when he issued orders on September 25, that the teachers who were on strike should not be penalized.
Kenya National Union of Teachers (Knut) and the Kenya Union of Post Primary Education Teachers (Kuppet) called the strike on September 1.
The Teachers Service Commission (TSC) has challenged a court order directing it to pay September salary to teachers who had participated in the strike.
In the application filed at the Court of Appeal Friday, the commission said that Justice Nelson Abuodha of the Labour Court erred in law when he issued orders on September 25, directing that the teachers who were on strike should not be penalised.
TSC says that Lady Justice Monica Mbaru also of the Labour Court, had already found that the strike was unprotected and therefore Mr Justice Abuodha should not have ordered that the striking employees be paid.
Erred in law
“Justice Abuodha erred in law and in fact in not appreciating that the strike which had been called by the unions had been found unprotected in the same case that was before him and by a judge of concurrent jurisdiction,” TSC says in the court papers.
The Kenya National Union of Teachers (Knut) and the Kenya Union of Post Primary Education Teachers (Kuppet) called the strike on September 1.
The judge had equally ordered Knut and Kuppet to suspend the strike for 90 days and engage in conciliation with the Labour cabinet secretary on how the 50 to 60 per cent basic pay increase awarded to the teachers should be implemented.
TSC has said that this was an error on the part of the judge because the Commission had already appealed against the award and a ruling is set to be delivered by the Court of Appeal on November 6.
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