Blow to Intern Teachers as Court of Appeal Halts Employment Orders
In a significant setback for 46,000 intern teachers, the Court of Appeal has suspended orders that required the Teachers Service Commission (TSC) to employ them on permanent and pensionable terms.
This decision, made by Justices Asike Makhandia, Sankale Ole Kantai, and Ngenye Macharia, overturns the Employment and Labour Relations Court’s (ELRC) earlier ruling, allowing the TSC to maintain the teachers in their current internship status until the case is fully resolved.
The TSC argued that implementing Justice Byrum Ongaya’s order would disrupt its operations as the budget did not cover the costs required to hire the intern teachers on permanent terms.
TSC’s lawyer, Allan Sitima, contended that the financial constraints would compromise the rights of learners in public schools under Articles 43 and 53 of the Constitution, as the commission lacked the resources to onboard 46,000 teachers on permanent terms.
The commission emphasized that the intern teachers had willingly signed their contracts, which were due for consideration for permanent employment the following year.
TSC maintained that if their appeal succeeded, the case would become moot since new contracts would be issued.
Justice Ongaya had previously declared the intern teachers’ contracts illegal but ordered their employment status to continue.
He had given TSC a three-month period to either secure temporary orders from the Court of Appeal or employ the affected teachers permanently.
The Kenya Junior Secondary School Teachers Association (KeJUSTA) sought clarification on the term ‘status quo’ used in the ruling, cautioning teachers against misinterpreting the judgment.
In its defense, TSC stated that Justice Ongaya’s judgment jeopardized its plan to hire the intern teachers by 2025.
Justice Ongaya had clarified that the status quo should be maintained until August 1, 2024, pending further orders or a compromise between the parties.
He argued that TSC violated fair labor practices by hiring interns who were qualified and licensed teachers.
The introduction of the internship program aimed to address the teacher shortage in Junior Secondary Schools and support the implementation of the Competency-Based Curriculum (CBC).
Despite initial plans for a one-year internship, President William Ruto announced an extension, requiring teachers to serve another year before being considered for permanent employment.
The case also highlighted issues such as intern teachers being required to teach subjects outside their specialization and concerns over equal treatment compared to their permanently employed counterparts.
The Forum for Good Governance and Human Rights filed the case on behalf of the interns, revealing that they were often left unsupervised and responsible for multiple subjects.
ALSO READ: TSC Asked to Reinstate Sacked JSS Teachers or Face Parliamentary Censure
One of the affected teachers, Oroso Oganga, shared his experience in an affidavit.
Assigned to Eking Narok Primary School in Kajiado County, Oganga, who holds a Bachelor of Education (Arts) degree, found himself teaching various subjects beyond his contracted History or Christian Religious Education (CRE). Despite his extensive responsibilities, he received only a Sh20,000 stipend.
The Court of Appeal’s suspension of the employment orders means that intern teachers must continue in their current roles until the case’s final resolution.
Blow to Intern Teachers as Court of Appeal Halts Employment Orders
