The Employment and Labour Relations Court (ELRC) has issued orders restraining the Teachers’ Service Commission (TSC) from taking any disciplinary actions against intern teachers pending a hearing and determination of a labour suit against the teachers’ employer and the Ministry of Education.
The order was issued by ELRC Principal judge Byram Ongaya of the high court in Nairobi after a non-governmental organisation (NGO) – Forum for Good Governance and Human Rights – suing on behalf of the teachers sought the orders.
Ongaya directed that the TSC shall not institute any disciplinary proceedings against the teachers and all show cause letters issued to interns who went on strike remain suspended.
The Secretary General of the NGO Samson Omechi Ongera sued the TSC, the Ministry of Education and the Higher Education Loans Board (HELB) together with the Attorney General for “unlawfully recruiting” the teachers who are striking for lack of clarity in their terms of engagement with the government.
Ongera argues that the TSC is planning to commence disciplinary proceedings in accordance with the TSC Code of Regulations which is an appendage of Article 237 (2) of the constitution of Kenya.
The activist says the teachers in question were not appointed in accordance with the provisions of Article 237 (2) of the constitution and therefore the contract fell short of contracts of employment.
The Article states that the TSC shall be responsible for the registration of trained teachers in the teaching service and a person shall not engage in the teaching service unless such person is registered as a teacher under this Act.
According to Ongera, TSC is writing show-cause letters to teachers that it has not properly employed.
He is challenging the continued engagement of the teachers as interns by the TSC despite the fact that they are professional teachers.
