Court Bars SRC from Excluding ECDE Teachers in Job Evaluations and Salary Reviews.
The Employment and Labour Relations Court (ELRC) has halted the Salaries and Remuneration Commission (SRC) from conducting Job Evaluations without involving Early Childhood Development Education (ECDE) teachers or their representatives.
This decision followed a legal challenge by the Kenya Union of Pre-Primary Education Teachers (KUNOPPET) through Petition Number E100 of 2023.
The union contested SRC’s unilateral Job Evaluation for public officers across the country. The court, in a ruling delivered on June 20, 2024, ruled in favor of KUNOPPET.
Court’s Ruling on Public Participation
Judge Anna Ngibuini Mwaure emphasized that SRC is obligated by the rule of law to include public participation in formulating policy decisions likely to impact the public.
She ruled that excluding ECDE teachers from the evaluation process violated this principle.
The court issued a permanent prohibition against SRC conducting Job Evaluations without the involvement of ECDE teachers, either directly or through their union.
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Furthermore, the court declared unconstitutional the circular dated December 10, 2021, which set ECDE teachers’ salaries. The directive was nullified and quashed.
The court also nullified a directive issued by SRC on January 13, 2023, instructing county governors to review ECDE teachers’ schemes of service and align them with SRC’s Job Evaluation grading. This directive was declared unconstitutional and void.
Inclusive Evaluation Process Mandated
The judgment stated that any Job Evaluation or salary review conducted by SRC without involving ECDE teachers, either directly or through their representatives, is unconstitutional, null, and void.
KUNOPPET Secretary General Samuel Opiyo, during an interview with Teachers Updates, described the ruling as a landmark achievement.
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He noted that the decision represents a significant step forward for ECDE teachers and all public servants.
Opiyo expressed optimism that the judgment ensures KUNOPPET’s involvement in future SRC Job Evaluation processes and salary adjustments affecting ECDE teachers across the country.
Court Bars SRC from Excluding ECDE Teachers in Job Evaluations and Salary Reviews
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