Teachers told to resume work as court hears case

From left: Kenya National Union of Teachers national chairman Mudzo Nzili, secretary-general Wilson Sossion and Kenya Union of Post-Primary Education Teachers national chairman Omboko Milemba at the Appeal Court on October 1, 2015. JEFF ANGOTE 

By SANDRA CHAO-BLASTO, schao@ke.nationmedia.com

IN SUMMARY

• Teachers had vowed to continue with the strike until they get a 50 to 60 per cent pay increase even as they pursued a series of legal battles with the government over the same.
• The ongoing strike has put the national examinations in jeopardy after Kuppet asked its members not to participate as invigilators and supervisors of the tests.

The High Court on Thursday asked teachers to comply with the ruling it made last week, directing them to go back to class even as they negotiate a settlement to the pay dispute that has paralysed learning in public schools for a month.

Justice Nelson Abuodha declined to grant an application by the teachers’ union seeking a delay to their return to work pending the determination of a case their employer has filed in the appeals court.

“I decline to stay or make any comment on my orders issued on September 25 until all parties comply in those aspects that are not subject of the proceedings in  the Court of Appeal and more importantly that the respondents resume duty as ordered,” he said.

Teachers wanted the Labour Relations Division of the High Court to allow their boycott of work until the matter before the Court of Appeal is determined, but the judge ruled that only a small aspect of his earlier orders was affected by the appeals case.

Justice Abuodha “pleaded with the union officials to advise their members” over the same, adding that they “would need the court’s protection tomorrow as they have always had.

“They would stand tall and respected if they asked their members to resume duty while they as elected officials, pursue their legitimate rights as ordered,” he said

The judge’s position turns the heat on the Kenya National Union of Teachers (Knut) and the Kenya Union of Post-Primary Teachers (Kuppet), who had on Monday vowed to continue with the strike until advised to stop.

The secretaries- general of the two unions, Wilson Sossion and Akello Misori, said they would continue with the boycott until the Labour Court issued directions on the same.

The duo had gone for a mention of the case filed by TSC seeking to have the strike declared illegal. Justice Abuodha was, however, absent from court, pushing the matter to Thursday afternoon.

Teachers had vowed to continue with the strike until they get a 50 to 60 per cent pay increase even as they pursued a series of legal battles with the government over the same.

The ongoing strike has put the national examinations in jeopardy after Kuppet asked its members not to participate as invigilators and supervisors of the tests.

The Kenya Certificate of Secondary Education (KCSE) examinations began on Monday with oral examinations for languages with some of the practical exams of optional subjects being done Thursday.

READ: Teachers’ strike disrupts Form Four exams

The order to have the teachers immediately resume duty comes as a relief for many parents with children in public schools who have been skeptical about learning even as the government announced new school term dates ending on November 20.

Last Friday, the same judge issued a ruling suspending the strike for 90 days to allow teachers and the government to go for conciliation over the pay dispute.