Intern Teachers to Wait Longer for Permanent Employment by TSC
The almost 60,000 teachers employed as interns by the Teachers Service Commission will continue to work on the same terms.
The Employment and Labour Relations Court (ELRC) has declared their employment contracts invalid.
However, on Friday, a court ruled that their work status should remain unchanged. This is until the commission obtains temporary orders from the Court of Appeal or agrees on a settlement.
Justice Byrum Ongaya granted TSC a three-month grace period to either seek higher court intervention or hire all affected instructors on permanent and pensionable terms.
The Kenya Junior Secondary School Teachers Association (KeJUSTA) wrote to its members the day after Ongaya issued the instructions, stating that it is awaiting an explanation of the term status quo.’
It said that it was unclear what the judge meant.
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“I wish to caution teachers against the misguided interpretation of the ruling and the misplacement of the term status quo as it appears in the ruling,” stated KeJUSTA Secretary General Daniel Murithi.
Suspend judgment.
TSC, in the meantime, went back to court to ask for a suspension of the decision, claiming that doing so would jeopardize its plans to hire the interns the following year.
However, Justice Ongaya stated that the application implied that TSC was requesting him to sit on his own decision.
He did, however, declare that the current situation would continue until August 1, 2024.
Justice Ongaya ruled that maintaining the status quo prior to the judgment, concerning the court’s findings and orders, was in the interest of justice. This is pending a compromise or rearrangement of the affairs between the parties or applicants filing an appropriate application at the Court of Appeal.
According to Ongaya, TSC violated the right to fair labor practices by offering internship slots to qualified teachers with teaching licenses.
For junior secondary schools (JSS), TSC engaged at least 60,000 instructors as interns.
Teachers who have been instrumental in implementing the competency-based curriculum have refused to return to work until the matter is resolved, putting the future of JSSs in doubt.
Justice Ongaya stated in his decision that the commission can only employ trained and registered personnel, not student teachers or interns.
He stated that the respondents had not demonstrated statutory regulatory or policy arrangements that would entitle the first respondent (TSC) to employ interns. He suggested that ideally, the first respondent should employ registered teachers permanently, under terms that are not discriminatory, to meet the optimal staffing needs in public schools.
Permanent Employment.
The implementation of the plan aimed to address the teacher shortage in schools, particularly at the start of junior secondary school. Initially, the plan called for a one-year internship period before the permanent hiring of the interns. However, in December, President William Ruto declared that instructors would have to serve an additional year before being considered for employment.
The court heard that TSC had given the interns contracts to teach two subjects. However, in actuality, they ended up teaching all subjects.
There were also concerns that, while paying tutors a stipend, TSC deducted all government-mandated taxes and payments, including the contentious housing charge.
The Forum for Good Governance and Human Rights filed the action on the interns’ behalf. This implied that the hiring process lacked oversight, leaving individuals to handle all issues independently.
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The court heard that the second respondent was dealing casually with the lives and rights of the children, using them as test guinea pigs to confirm whether the CBC could work.
One of the affected teachers provided an affidavit in support of the case. Oroso Oganga stated in his affidavit that they sent him to Eking Narok Primary School in Kajiado County.
He graduated with a Bachelor of Education (Arts) and stated that his contract with TSC required him to teach history or Christian religious education. When he returned to school on February 7, 2023, he was assigned to teach computer science, integrated science, social studies, CRE, health education, and life skills.
Despite all of his efforts, Oroso claimed he only received a Sh20,000 stipend.
Intern Teachers to Wait Longer for Permanent Employment by TSC
