Teachers to wait longer as TSC seeks review of Supreme Court ruling on enhanced pay

Lawyer Paul Muite (second right), for Knut, at the Supreme Court on September 2, 2015. The TSC’s latest application seeking a review of the Supreme Court ruling on teachers' pay will be heard before September 22. PHOTO | RICHARD MUNGUTI | NATION MEDIA GROUP 

In Summary

• TSC claims that last month’s Supreme Court ruling was reached on the wrong assumption that the commission had not filed an appeal before the said court.
• However, Knut, through lawyer Paul Muite, has urged the Supreme Court not to hear the TSC’s application until the commission complies with the court order to pay the enhanced salary.
• The parties will also return to the Court of Appeal on September 22.
• The TSC’s latest application seeking a review of the ruling will be heard on a date before September 22.

By ABIUD OCHIENG
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A decision on a petition filed by the Teachers Service Commission (TSC) seeking a review of a Supreme Court ruling on teachers’ salaries will take longer.

This follows a directive from judges for the parties in the dispute to return to court next week.

The TSC wants the Supreme Court to stop the adoption of a 50-60 per cent pay increase ordered by lower courts until its application seeking a review of the ruling is determined.

However, Supreme Court Judge Jackton Ojwang' has directed the TSC to serve its court papers to the other parties in the case, namely, the Kenya National Union of Teachers (Knut), Kenya Union of Post Primary Teachers (Kuppet), the Salaries and Remuneration Commission (SRC) and the Attorney-General.

“I hereby order and direct that the application in question shall forthwith be served upon all the parties in the case,” said Justice Ojwang'.

The parties should then take a hearing date before the Registrar on Tuesday, September 9.

WRONG ASSUMPTION

In the application, the TSC, through lawyer Stella Rutto, claims that last month’s Supreme Court ruling, which upheld a lower court's order to the TSC to pay teachers higher salaries, was reached on the wrong assumption that the commission had not filed an appeal before the said court.

The TSC said it had filed a notice of appeal on July 27 while the petition of appeal was filed on August 12.

“It is therefore necessary that interim orders be issued so that no miscarriage of justice arises and to ensure that the constitutional issues raised are not rendered nugatory,” said lawyer Rutto.

However, Knut, through lawyer Paul Muite, has urged the Supreme Court not to hear the TSC’s application until the commission complies with the court order to pay the enhanced salaries.

“TSC is in contempt of the orders issued by the court that they start paying teachers enhanced salaries in August, 2015.

“It has demonstrated that it is a State organ acting with impunity and utter disregard of the rule of law, singularly unsuited to be re-heard by the Supreme Court,” said lawyer Muite.

The parties will also return to the Court of Appeal on September 22 after the Supreme Court declined in its ruling last month to stop the payment of salary raises as directed by the Court of Appeal pending determination of the case.

The TSC’s latest application seeking a review of the ruling will be heard before September 22.