P1 Teachers Pursue Court Action Over Unpaid Salary Arrears from TSC.
The dispute between P1 teachers with ‘A’ level qualifications and the Teachers Service Commission (TSC) has returned to court as the teachers pursue Ksh3.45 billion in unpaid arrears.
In an October 16, 2024, letter from lawyer Titus Kirui, the teachers issued TSC a 14-day deadline to ensure these arrears are included in the 2024/2025 financial budget. If unmet, they intend to escalate the matter to the Employment and Labour Relations Court (ELRC) for formal recovery proceedings.
This legal move follows the teachers’ observation that TSC misled the Senate Committee, which had reviewed their petition without action.
Represented by Ms. Ruth Kabui, the teachers had petitioned the Senate, urging it to press the National Treasury to allocate funds for their arrears from 1996 to 2010 in the 2023/2024 fiscal year.
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They further sought Senate intervention for the TSC to remit the arrears, but these efforts proved futile.
The teachers now demand that TSC provide evidence that they received equivalent pay to their untrained S1 counterparts in 1996, despite the latter attending a short two-week training course at Kagumo and Bondo Teachers Training Colleges.
Teachers’ Compensation Discrepancy and Proof of Unmet Arrears
The teachers argue that although they were more qualified, TSC allegedly awarded S1-grade untrained teachers better terms. According to the teachers’ representative, the TSC has claimed that both groups were equally compensated, but the teachers are now seeking proof of this claim.
TSC had reportedly calculated the arrears due to 6,466 P1 ‘A’ Level teachers who missed out on promotions.
The analysis indicated that teachers with over 18 years of service by June 30, 2003, were owed a cumulative Ksh1.07 billion, with each teacher eligible for Ksh424,194 in arrears, inclusive of salary, house, and medical allowances.
Similarly, 3,942 teachers with 15 to 18 years of service were entitled to Ksh2.26 billion, each receiving Ksh573,936 in arrears for the same period.
By July 2003, TSC’s calculations showed that Ksh3.45 billion was necessary to settle all arrears for P1 ‘A’ Level teachers. This amount included Ksh3.33 billion in arrears for the period from July 1, 1995, to June 30, 2003, an additional Ksh67.4 million for salary increments, and a Ksh52.9 million monthly increase for other grades.
“Their agitation is only for the period 1996 to 2010. Their complaint is simply this: despite being better trained and with more experience, the Untrained ‘A’ Level teachers (S1 grade) joined the service on better terms. It has been your contention that the two groups were equivalently remunerated. We seek proof that our clients were equivalently remunerated with S1 in 1996,” reads the letter in part.
In its efforts to determine the funds required for upgrading all eight teacher categories, TSC found a total of Ksh4.78 billion was needed, encompassing the Ksh3.33 billion arrears and a yearly wage increment of Ksh1.45 billion.
The letter to TSC emphasized the unmet obligation, as TSC’s own assessment showed that the teachers were due Ksh424,194 and Ksh573,936 each, depending on their years of service as of June 2003.
This sum, which was expected to cover arrears up to 2003, remains unpaid. Additionally, the teachers highlighted that arrears from July 2003 to June 2010 also remain unsettled.
Financial Year 2010/2011 and Lack of Promotion Compensation
The teachers further contend that Ksh1.4 billion released in the 2010/2011 financial year was designated only for promoting P1 ‘A’ Level teachers from Approved Teachers Status Four (ATS IV) to ATS I. It did not account for the arrears they were owed from July 2003 to June 2010.
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In their ongoing campaign, the teachers formed the Retired and About to Retire (REAR) Teachers Association, led by Kepha Mshambala. They have planned a meeting in Nairobi in early November to discuss the case’s progress and future actions.
The TSC’s deadline of 14 days ended on October 30, 2024, with the teachers resolute in their pursuit of the full payment of their arrears.
P1 Teachers Pursue Court Action Over Unpaid Salary Arrears from TSC
