Suit seeks 45-hour work week for teachers

Just how long should an employee work in a day? The Teachers Service Commission (TSC) wants the High Court to strike out a petition filed by a retired secondary school principal seeking orders declaring how many hours a teacher is supposed to work in a week.

Mr Ephraim Gachigua argues that regular working hours should be 45 per week, being eight hours per day from Monday to Friday and five hours on Saturday.

In a preliminary objection filed yesterday at the High Court in Nyeri, the TSC says the case should be referred to the Labour Court as the issues raised by the petitioner, Mr Gachigua, touches on employment.

“This court is devoid of jurisdiction to listen to this matter. This is because the court empowered to hear and determine the issues raised before this court is the Employment and Labour Relations Court (ELRC),” said the commission through lawyer Sylvia Ngere.

According to the lawyer, though Mr Gachigua’s petition touches on violation of the Constitution and teachers’ employment rights, it is an abuse of the court process.

Ms Ngere also indicated that the case is similar to another petition which Mr Gachigua had filed at the Labour court but was dismissed last year.

“The instant suit is bad in law, frivoulous, vexatious and an abuse of the court process,” stated Ms Ngere in the application which will be heard on November 14, this year when Mr Gachigua is expected to have filed his response.