Knut Secretary-General Wilson Sossion. The union on September 1, 2015
opposed TSC application seeking a review of Supreme Court ruling on
teachers' pay case. FILE PHOTO | JEFF ANGOTE |
NATION MEDIA GROUP.
Teachers have opposed an application by
Teachers Service Commission (TSC) asking the Supreme Court to review its
recent ruling on their pay rise case.
Kenya
National Union of Teachers (Knut) on Tuesday said there was no error in
the ruling that required TSC to pay teachers enhanced pay.
The
top court in the land held that TSC had not filed an appeal to warrant
the granting of the orders suspending a Court of Appeal order requiring
the commission to award teachers a 50-60 percent pay raise until its
appeal is determined.
Senior Counsel Paul Muite for
Knut said since the Supreme Court judges had already found that they
lacked jurisdiction to determine the matter, which is still pending
before the Court of Appeal, no competent intended appeal or actual
appeal can be said to have been filed by TSC.
NOTICE OF APPEAL
“Accordingly, there is no error on the face of the record,” Mr Muite said.
In
the application, TSC argues that the judges erred in their ruling when
they declined to stop the payment of the enhanced salary on grounds that
there was no appeal filed before them.
Lawyer
Stella Rutto for TSC stressed that the commission had filed a notice of
appeal on July 27, while the petition of appeal was filed on August 12.
She
stated that since both notice of appeal and petition of appeal had been
filed and served on all the parties, it is just that the error be
rectified by the court.
“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,” she says
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