Blow to Intern Teachers as Court of Appeal Suspends Employment Orders.
In a significant legal development, the Court of Appeal has suspended orders that would have allowed 46,000 intern teachers to be employed on permanent and pensionable terms by the Teachers Service Commission (TSC). Justices Asike Makhandia, Sankale Ole Kantai, and Ngenye Macharia made this ruling, halting the earlier decision by the Employment and Labour Relations Court (ELRC). This decision forces the affected teachers to continue their roles as interns while the court hears and determines the case that TSC, led by Dr. Nancy Macharia, filed.
TSC had appealed the ruling by Justice Byrum Ongaya, which required the commission to transition intern teachers to permanent and pensionable terms. TSC’s lawyer, Allan Sitima, argued that the commission had not budgeted for the financial resources needed to hire these teachers on a permanent basis. He emphasized that fulfilling this requirement would jeopardize the rights of learners in public schools as per Articles 43 and 53 of the Constitution.
The commission also contended that the intern teachers had bound themselves to their contracts, which they had signed voluntarily, even though they expected employment in the following year. TSC stated that if their appeal succeeded, the case would become moot since they would issue new contracts.
Justice Ongaya had previously ruled that the intern teachers’ contracts were illegal, yet he ordered that their employment status continue until further notice. He provided TSC a three-month grace period to seek a higher court’s intervention or to absorb all affected teachers on permanent terms. Following this, the Kenya Junior Secondary School Teachers Association (KeJUSTA) sought clarification on the term ‘status quo’ as used in the ruling, cautioning members against misinterpreting the judgment.
TSC argued that the judgment would disrupt its plans to hire intern teachers in 2025. However, Justice Ongaya clarified that maintaining the status quo until August 1, 2024, would be in the interest of justice. He insisted that TSC had violated the right to fair labor practices by offering internship positions to qualified, licensed teachers.
The commission had hired around 60,000 teachers as interns to teach in Junior Secondary Schools (JSS). This decision left the fate of the JSS uncertain as the second term approached. Intern teachers, crucial to the Competency-Based Curriculum (CBC) implementation, now threaten to stay away from work until resolving the issue.
Read also:
- Minimum Entry Qualifications for Teaching Service in Kenya
- TSC Latest Qualifications for Secondary School Teaching
- New Agreement to Promote TSC Teachers in C4 and C5 Categories
- Mass Sacking of Junior School Teachers Following Strike Termination
Justice Ongaya decreed that TSC cannot engage student-teachers or interns since its mandate limits it to employing only qualified and registered teachers. He stated that TSC had not shown any regulatory or policy arrangements that would entitle it to employ interns. Instead, it should hire registered teachers on non-discriminatory terms to meet public schools’ staffing needs.
The intern program initially addressed the teacher shortage as a temporary measure, set to run for one year before transitioning interns to permanent roles. However, in December, President William Ruto announced that intern teachers must serve an additional year before qualifying for permanent employment.
The case revealed that TSC had assigned intern teachers to teach two subjects, but in practice, they covered a broad range of subjects including sciences and mathematics. Interns also complained about discrepancies in employment terms, noting that some peers were hired on permanent terms while they remained on internships.
Interns also expressed concerns about their stipends. Although labeled as an intern stipend, TSC subjected the amount to taxes and other government deductions, including the controversial housing levy. The Forum for Good Governance and Human Rights, representing the interns, argued that TSC treated the interns unfairly, expecting them to handle multiple subjects without supervision.
One of the affected teachers, Oroso Oganga, filed an affidavit describing his experience. He was assigned to Eking Narok Primary School in Kajiado County to teach History or Christian Religious Education (CRE). However, upon reporting, he found himself teaching a variety of subjects including Computer Science, Integrated Science, Social Studies, CRE, Health Education, and Life Skills. Besides teaching, he also managed class administration, yet he only received a stipend of Sh20,000.
This ongoing legal battle and the Court of Appeal’s ruling have significant implications for the education sector, particularly the implementation of the CBC. As the case proceeds, the future of the intern teachers and the educational framework they support remains uncertain.
Blow to Intern Teachers as Court of Appeal Suspends Employment Orders.
Check for Daily Updates
Follow us on Telegram