Teaches under the Kenya National Union of Teachers (KNUT) have a suffered a big loss in a multi-million fight with the Teachers Service Commission (TSC). This is after the court refused to order for the immediate payment of some Sh. 599 million.
The Labour court in Nairobi has dismissed an application by a teachers union to recover at least Sh600 million from the Teachers Service Commission (TSC).
The judge also dismissed Knut’s plea to jail TSC’s CEO Nancy Macharia for two years based on claims that she disobeyed court orders by failing to remit the union dues.
Justice Maureen Onyango ruled that the order for the release of the money owed to the Kenya National Union of Teachers by the Teachers’ Service Commission TSC can only be done after hearing the entire case.
“With respect to payment of the sum of KES 599,082,312/= I decline to grant the same at this stage as it is a liquidated claim that needs to be considered following the substantive hearing of the matter,” she ruled.
Besides the amount, Knut also wanted TSC CEO Nancy Macharia to be held in contempt of court for failing to remit the deducted fees for four months last year. The Judge, however, rejected the application stating that the teachers’ employer had explained that the August fees could not be remitted, because by the time the court order was served to the Teachers Service Commission, the payroll for teachers had been processed and salaries paid, without factoring in the union fees.
“The Respondent and alleged Contemnor have explained that by the time the orders were served, the teacher’s payroll had been processed and thus they were not able to remit the dues,” the Judge said.
TSC also denied claims that it raided Knut’s register and removed 130,000 members to kill the union. Instead, the TSC insists that teachers left Knut after it emerged that a court ruling on Career Progression Guidelines (CPG) that was being rolled out by the employer denied them new salary benefits.
Macharia had earlier said that the commission was unable to act against the court ruling.
“When the Collective Bargaining Agreement (CBA) was signed, it introduced a new grading system for teachers known as Career Progression Guidelines, which replaced the Scheme of Service. But Knut challenged the implementation of CPG in court,” said Macharia.
The implication of the court ruling means that all Knut members will not benefit from the third and fourth phase of the multi-billion salary raise and promotions.