Teachers Service Commission on Monday suffered yet another big blow after the Supreme Court ruled in favour of teachers thwarting their appeal to reverse teacher’s pay hike.
Teachers countrywide are in a celebration mood as they will now be pocketting a 50-60% salary payrise. The Industrial Court had earlier made a ruling that teachers be awarded the increment but TSC decided to Appeal claiming that the Government had no money.
The teacher’s were represented by Kenya National Union of Teachers (KNUT) and Kenya Union of Post Primary Education Teachers (KUPPET) while the Government was represented by TSC, Salaries and Renumerations.
The lowest paid teacher will now pocket Sh21,304 up from Sh16,692, while the highest paid teacher is to get Sh144,928, up from Sh109,089.
The Supreme Court Judges led by C. J Willy Mutunga Justices Jackton Ojwang, Smokin Wanjala, Mohammed Ibrahim and Kalpana Rawal in one voice said that Supreme Court lacks powers to hear and issue temporary orders when a case was still pending in the lower court.
“In these circumstances, we find that this court lacks jurisdiction to entertain an application challenging the exercise of discretion by the Court of Appeal,” ruled the judges.
The judges ruled it would have been unfair if they gave orders in favour of either party.
“Such an early involvement of this court, in our opinion, would expose one of the parties to prejudice, with the danger of leading to an unjust outcome,” the ruling read.
The Teachers’ Union through their lawyer Paul Muite now want TSC to recall their salary and factor in the increase.
“We will write to TSC, Treasury and the Salaries and Remuneration Commission demanding that the remainder of the salary be released by August 31 failure to which they will be in contempt of the court orders,” said Paul Muite.
TSC argued that implementing the new deal would cost the taxpayer Sh73 billion over the four-year period covered by the deal. The Treasury would have to seek ways of finding Sh17 billion to implement the award between now and June next year, according to the government. TSC lawyers are planning to have Supreme Court review their ruling.
TSC will now meet the President and SRC to determine their next course of action.