Monday 24 August 2015

Supreme court orders TSC to pay teachers 50-60 per cent salary raise


The Supreme Court has upheld a Court of Appeal ruling directing the teachers' employer to pay them a 50-60pc pay raise until its appeal challenging the increment is heard and determined.

The top court in the land on Monday declined to grant the Teachers Service Commission's request to suspend the Court of Appeal order.

In their ruling, judges Willy Mutunga, Kalpana Rawal, Jackton Ojwang, Mohamed Ibrahim and Smokin Wanjala said they had no jurisdiction to entertain the TSC application.

The pay raise orders, they said, were issued by the Court of Appeal that had exercised its powers under the law.

“In these circumstances, we find that this court lacks jurisdiction to entertain an application challenging the exercise of discretion by the Court of Appeal,” the judges ruled.

Speaking outside the Supreme Court, Knut secretary general Wilson Sossion condemned the Teachers Service Commission for paying salaries early, to evade the directive.

Sossion said TSC did an "abnormal thing" not to include the pay raise in the teachers' August salaries.

 "We wonder where miracles come from. TSC should recall with immediate effect the payroll and pay teachers the money. We shall give more details on Tuesday," he said.

"We want the teachers to remain united. The war has just began now that we have been given a clean bill, we cannot be divided forever."

The TSC moved to the highest court after the Court of Appeal on July 23 ordered the commission to pay the increment to the 288,000 teachers.

Appellate judges Mohammed Warsame, Sankale Kantai and Jamila Mohamed said if the commission failed to pay the new salaries by end of August, the appeal will automatically stand dismissed.

They had threatened to go on strike in September if the government does not pay the increase amounting to about Sh12.3 billion.

Both the Education CS Jacob Kaimenyi and Treasury CS Henry Rotich have maintained the government has not budgeted the salary increase.



Photo credit: Nation Media Group 

No comments:

Post a Comment