TSC appeal against teachers' pay rise postponed

Lawyer Ahmednasir Abdullahi (right), who is representing teachers in an appeal by the Teachers Service Commission, before three Court of Appeal judges on September 22, 2015. PHOTO | EVANS HABIL | NATION MEDIA GROUP 

In Summary

• Knut had, in its application, urged the court not to give the TSC audience, saying the commission had failed to comply with the court order.
• The TSC, through lawyer Fred Ngatia, opposed the application to adjourn, calling it a delaying tactic by the unions.

By ABIUD OCHIENG
More by this Author

By RICHARD MUNGUTI
More by this Author

The hearing of an appeal filed by the Teachers Service Commission (TSC) against a ruling that increased teachers' salaries has been adjourned.

The appeal was postponed after teachers asked for more time to consider whether to continue participating in the suit.

Three Court of Appeal judges directed that the case be heard on September 29.

The judges also said the president of the Court of Appeal would consider whether to increase the number of judges hearing the appeal from three to five.

Teachers' unions Knut and Kuppet decided to consider pulling out of the case after the Court of Appeal judges directed that the preliminary objections by the TSC, the Salaries and Remuneration Commission (SRC) and the Attorney-General (AG) will be heard alongside that filed by Knut.

The developments came in a case where the TSC filed an appeal to challenge the decision by the Employment and Labour Relations Court to award higher pay for teachers.

Knut had, in its application, urged the court not to give the TSC audience, arguing that the commission had failed to comply with the court order to pay them the 50-60 per cent pay rise.

KENYATTA SPEECH FEARS

Through lawyer Ahmednasir Abdullahi, the teachers said hearing the application by the TSC and the SRC and the AG would defeat their request to have the three denied audience for disobeying the court.

Mr Abdullahi also claimed the recent speech by President Uhuru Kenyatta “was directed to the court” and teachers fear that it may influence the court case and hence the need to further consult on the way forward.

“We are considering that in the interest of justice, the present three-judge bench should be expanded to either a five-judge or a seven-judge bench,” he said.

But the TSC, through lawyer Fred Ngatia, opposed the application to adjourn, calling it a delaying tactic by the unions.

Mr Ngatia said “there would be total anarchy” if lawyers were to be allowed to withdraw from cases every time decisions were made that did not favour them.

The Court of Appeal judges hearing the case are justices Erastus Githinji, Philomena Mwilu and Festus Azangalala.