Teachers threaten to withdraw from TSC pay row appeal

Teachers have threatened to withdraw from the ongoing appeals case filed by the Teachers Service Commission.

Through their lawyer, Ahmednasir Abdullahi, the teachers told the three-judge Bench that they needed time to consider whether or not to proceed with the case.

The Kenya National Union of Teachers (Knut) made the oral application seeking to have an adjournment of the case Tuesday.

Justices Erastus Githinji, Philomena Mwilu and Festus Azangalala ruled that the application in which teachers are opposing the hearing of the appeal filed by Teachers Service Commission (TSC) would be heard alongside other cases filed by the Salaries and Remuneration Commission (SRC) and the Attorney-General (AG).

In the application, the tutors claim that the TSC did not have a right to seek audience from the appellate court when it was yet to comply with a court ruling.

“Based on the ruling that you have just given we seek an adjournment to consult with our clients to consider whether or not they want to take part in the ongoing moves, so that the clients can know what they are  getting themselves into,” he said.

While making his submissions, Mr Abdullahi also faulted President Uhuru Kenyatta for commenting on an ongoing case, terming the move as prejudicial.

“The President’s speech was clear directions to this court, which he mentioned by name. He is the chief executive of the country but let him not interfere with the mandate of the courts by commenting on an ongoing case,” he said, adding that the “weighty matter needed a five-judge Bench to be determined”.

READ: Uhuru rules out higher pay amid calls for talks

TSC filed an appeal to challenge the decision by the Employment and Labour Relations Court to award higher pay for teachers.

The SRC and the AG also filed separate appeals over the decision of Justice Nduma Nderi, which have all been consolidated.

AG Githu Muigai said that the President “chose to address the nation on a matter of great national significance” and noted throughout his speech that the government would await the outcome of the courts.

“It is being (said) that the President was not entitled to state facts, but Mr (Wilson) Sossion and the teachers can take control of the airwaves day and night. What the court rules is what the government will comply with subject to the Constitution,” he said.

TSC lawyer Fred Ngatia, said that the adjournment was “a delaying tactic”  that came as an  afterthought, adding that there was no “conflicting interests on doctrinal issues”  that would warrant the appointment of a five-judge bench.

The SRC said that the president was not a party to the suit and by waiting for two days before making their claim the tutors “were weighing whether or not they had a chance of success”.